Allahabad High Court
Abhishek Modi vs State Of U.P. on 20 December, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:241567
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55389 of 2023
Applicant :- Abhishek Modi
Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Chaudhary,Sr. Advocate
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Renu Agarwal,J.
1. Heard , learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present application, under Section 439 of Cr.P.C., has been filed on behalf of the applicant in Case Crime No. 472 of 2023 under Sections 420, 120B IPC and Section 3/7 of Essential Commodities Act, Police Station Baraut, District Baghpat with the prayer to modify the condition of bail order dated 03.08.2023 passed by Additional Chief Judicial Magistrate Baghpat in Bail Application No. 3127 of 2023, Anil and another v. State.
3. Learned counsel for the applicants submitted that this application has been moved on behalf of applicant-Abhishek Modi to grant him permission to go UK for the treatment of her mother. It is further submitted that applicant had been granted bail by the Additional Chief Judicial Magistrate, Baghpat on 03.08.2023, subject to the condition that the applicant will not leave the country without prior permission of the court. The mother of the applicant is aged about 72 years, who is physically and emotionally wrecked on account of sudden diagnosis of Cancer-III, which is life threatening disease. He had to carry his mother for further treatments to UK. The entire family were shaken by the plight of the mother of the applicant for which she was rushed to UK for further opinion from the Oncologist and Biopsy report of the applicant is marked as Annexure No.3 to this affidavit.
4. Learned counsel for the applicant further submits that applicant being the elder son required physical and mental support to his 72 years old mother, who is suffering from cancer. He moved an application for modification for the court of Additional Chief Judicial Magistrate, Baghpat on 07.12.2023, who rejected the application of applicant granting permission to travel abroad to attend the medical emergency of his mother. The criminal Revision No. 240 of 2023 preferred before Court of Sessions Judge, Baghpat, and notice has been issued to the first Informant fixing 02.01.2024. Thereafter, the revision is rejected as not pressed. Applicant moved an application before ADJ, POCSO to the same intent, who kept the application on record without considering the urgency of the application.
5. Learned counsel for the applicant also relied upon the judgment of Apex Court of Parvez Noordin Lokhandwalla v. State of Maharashtra and Another reported in 2020 (10) SCC 77, and in Civil Appeal No. 3802 of 2019, Satish Chandra Verma v. Union of India and Others. Hence, learned counsel for the applicant prays to exonerate him from the condition No. 4 imposed by the court while releasing him on bail.
6. Per contra, learned AGA for State submitted that the applicant is alleged to be a Managing Director of Sugar Mills and he had deliberately, after conspiracy, not complied with the regulations passed by the State Government. He had neither paid the cost of Sugar Cane to the tune of Rs. 44,225.63/- lakh nor made any arrangement for bank advance after cash credit limit. It is further submitted by learned AGA that the total amount is Rs. 11703.504.2327.92/- which was to be arranged by the applicant towards payment. It is further submitted by learned AGA that the matter is still under investigation and charge sheet has not been filed. If the applicant is allowed to go abroad, the whole investigation shall be suspended and there is no scope of returning the applicant. Hence, there is no ground to permit him to go abroad at this stage.
7. Considering the rival submissions of learned counsel for the parties and perusal of record, it is apparent that the mother of the applicant is cancer patient and her diagnostic report is marked as Annexure No.3 to this affidavit. The diagnostic report is also confirmed by FIONA MacNEILL MD FRCS, CONSULTANT BREAST & RECONSTRUCTIVE SURGEON, THE BREAST CLINIC but there is no referral letter from any renowned institution within India that the mother of the applicant needs treatment abroad and there is no date prescribed by FIONA MacNEILL MD FRCS, CONSULTANT BREAST & RECONSTRUCTIVE SURGEON, THE BREAST CLINIC, as to when the mother of the applicant needs to be present before the institution for treatment. Hence, there is no urgency shown.
8. Moreover, the application for modification is already pending before the ADJ, POCSO and 3rd January 2024 is stated to be the date fixed for determination of the application.
9. In view of the aforesaid discussions, the application is disposed of.
10. Hence, it is directed that the applicant shall appear on 3 January 2024 before the court concerned, who in turn will decide the application on merit for modification of the conditions laid by the court below while granting him bail.
Order Date :- 20.12.2023
Akram/VKG
