Delhi High Court - Orders
Paul Asveen vs The Superintendent Of Police, Economic ... on 2 September, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3450/2020
PAUL ASVEEN ..... Petitioner
Represented by: Mr. P.R. Kovilan Poongkuntran,
Advocate.
Versus
THE SUPERINTENDENT OF POLICE, ECONOMIC
OFFENCE WING, UNIT-V CBI, NEW DELHI ..... Respondent
Represented by: Mr. Anupam S Sharrma, SPP for CBI
with Mr. Prakarsh Airan and
Ms. Harpreet Kalsi, Advocates.
SI Ankur Kumar, CBI, EO-II.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 02.09.2021 The hearing has been conducted through Video Conferencing.
BAIL APPLN. 3450/20201. By this petition, the petitioner seeks anticipatory bail in RC No. 220/2020-E-0003 registered at Economic Offences Wing, Unit -V, CBI, New Delhi.
2. The above noted FIR was registered after a preliminary enquiry was conducted into the working of two associations, namely, Caruna Bal Vikas (in short 'CBV') registered under Foreign Contribution (Regulation) Act, 2010 (in short 'FCRA') and M/s Adhane Management Consultants Pvt. Ltd. (in short 'AMCPL'), a private limited company and Bentinck Higher Secondary School. The allegations against the two concerns and the school Signature Not Verified BAIL APPLN. 3450/2020 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:02.09.2021 21:32:26 were of violation of the various provisions of FCRA/ Income Tax Act, 1961.
3. According to the CBI, CBV filed account of foreign contributions from Financial Years 2011-12 to 2014-15 stating the nature of association as economic, educational and social. However, according to the respondent, CBV indulged in religious activities including conversion to Christianity. Thus, it was claimed that the activities had the potential to disturb communal harmony and thus, there was a violation of Section 12(4)(f)(vi) of the FCRA, 2010.
4. It was also alleged that CBV was engaged in transferring foreign contributions to non-FCRA organisation i.e. Bentinck High Secondary School, which was violation of Section 7 of the FCRA, 2010.
5. When this petition came up before the Court on 10 th March, 2021, learned counsel for the petitioner urged that the petitioner has no role to play and there is no allegation against him in the FIR. Further the petitioner is suffering from cancer and thus, he be granted anticipatory bail.
6. This Court noted the contents of the status report, verifying the medical condition of the petitioner and that the petitioner was a known case of Hodgkin's Lymphoma and had undergone radiation therapy from 19 th July, 2017 to 8th August, 2017. As regards the merits of the case were concerned, a perusal of the status report revealed that till date, the investigating agency has not been able to collect any evidence to show that the money received from Compassion International- USA was allegedly used for forceful conversion to Christianity.
7. On 10th March, 2021, learned counsel for the CBI stated that the CBI was still carrying out the investigation and thus, the matter was adjourned.
8. Today, learned SPP for the CBI, on instructions, very fairly states that Signature Not Verified BAIL APPLN. 3450/2020 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:02.09.2021 21:32:26 till now there is no evidence forthcoming against the petitioner for his involvement in the alleged forceful conversion to Christianity and the utilization of the money received from Compassion International-USA for the said purpose.
9. In view of the statement made by learned SPP for the CBI, this Court deems it fit to grant anticipatory bail to the petitioner. It is, therefore, directed that in the event of arrest in RC No. 220/2020-E-0003 registered at Economic Offences Wing, Unit-V, CBI, New Delhi, the petitioner will be released on bail on his furnishing personal bond in the sum of ₹50,000/- with one surety bond of the like amount subject to the satisfaction of the Arresting Officer/SHO concerned, further subject to the condition that in case of change of residential address and/ or mobile phone number of the petitioner, the same will be intimated by the petitioner to the concerned Investigating Officer.
10. Petition is disposed of.
11. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 02, 2021 PB Signature Not Verified BAIL APPLN. 3450/2020 Page 3 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:02.09.2021 21:32:26