Allahabad High Court
Yogendra Nath Pandey vs Directorate Of Enforcement ... on 19 September, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:60155
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1855 of 2023
Applicant :- Yogendra Nath Pandey
Opposite Party :- Directorate Of Enforcement Allahabad Sub Zonal Office 3 Prayagraj
Counsel for Applicant :- Sachin Chaturvedi,Srish Chandra Aghinotri
Counsel for Opposite Party :- Kuldeep Srivastava
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sachin Chaturvedi, the learned counsel for the applicant and Sri Kuldeep Srivastava, the learned counsel for the respondent-Directorate of Enforcement.
2. On 22.08.2023, after hearing the learned counsel for the parties, this Court had passed the following interim order -
"1. Heard Sri Sachin Chaturvedi, learned counsel for the applicants and Sri Kuldeep Srivastava, learned counsel for the respondent-Directorate of Enforcement and perused the record.
2. The instant application has been filed seeking anticipatory bail for the applicant in Sessions Case No. 124/2023, ECIR No: 03/VSI/LZO/2012 merged with 01/VSI/LZO/2012, under Sections 3/4 of Prevention of Money Laundering Act, 2002, PS- Enforcement Directorate Allahabad Sub Zonal Office, District Prayagraj.
3. On 13.04.2011, the C.B.I/ACB Lucknow had filed F.I.R No. RC0062011A0005 against Sri Anil Kumar Agarwal, Director of M/s Fertico Marketing & Investment Pvt. Ltd. and owner of three other firms and some other persons, alleging that the aforesaid company receives coal from Northern Coal Fields limited for manufacture of Special Smokeless Fuel (SSF) and instead of processing the coal, the company sold it in black market at a high premium wrongful loss to the government and wrongful gain to the accused persons.
4. On 13.05.2012, C.B.I filed a charge-sheet against 12 persons, including the applicant, who was posted as Assistant Manager of the District Industries Centre, District Chandauli.
5. Subsequently, the respondent has filed complaint dated 03.06.2019 against eight persons, including the applicant, alleging that he and another officer of the District Industries Center Yogendra Nath Pandey, misused their official position by certifying false/fabricated reports prepared by M/s Fertico Marketing and Investments Pvt. Ltd, regarding proper utilization of coal received from NCL without proper physical inspection. The complaint states that the applicant and the aforesaid other co-accused persons were indirectly involved in the activity of abetment with regard to generation of proceeds of crime and thereby they committed the offence of Money Laundering under Section 3 of PMLA 2002.
6. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 69 years old age person, who is infirm and sick and he is suffering from numerous deceases and old age related ailments and he has undergone open heart surgery.
7. Considering the aforesaid facts, the applicant was granted anticipatory bail in a scheduled offence by means of order dated 01.05.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1011 of 2023.
8.The applicants' criminal history has been disclosed in para 38 of the affidavit filed in support of the anticipatory bail application, as per which , the C.B.I had lodged five F.I.Rs against the applicant, in all of which he has already been granted bail. The respondent -Directorate of Enforcement has implicated the applicant in four complaints.
9. The learned counsel for the applicant has submitted that co-accused Ramji Singh, who was posted as general manager has already been granted interim anticipatory bail by means of order dated 10.07.2023 passed by this court in Criminal Misc. Anticipatory bail Application No. 1523 of 2023.
10. The matter requires consideration.
11. Let a counter affidavit be filed within a period of two weeks.
12. Rejoinder affidavit, if any, may be filed within a period of one weeks
13. List this application in the week commencing 18.09.2023
14. Keeping in view the fact that the applicant is retired from the position of General Manager of the District Industries Centre, District Chandauli and presently he is aged about 72 years; that applicant is suffering from various ailments; that there is no allegation of recovery of any proceeds of crime from the applicant, I am of the view that the applicant is entitled to be granted interim anticipatory bail in the matter.
15. Therefore, it is directed that in the event of arrest/appearance of applicant- Yogendra Nath Pandey before the learned Trial Court till the next date of listing, he shall be released on interim anticipatory bail in the aforesaid case crime on his furnishing personal bail bond and two solvent sureties to the satisfaction of the learned Trial Court on the following conditions and subject to any other conditions that may be fixed by the Trial Court:-
(i). That the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(ii). That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). That the applicant shall not leave India without the previous permission of the court;
(iv). That the applicant shall not pressurize/ intimidate the prosecution witness."
3. Although a counter affidavit has been filed, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned counsel for the respondent has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
4. Learned counsel for the applicant has submitted that anticipatory bail application of the co-accused persons has been allowed by means of a judgment dated 12.09.2023 passed by this Court leading application being Criminal Misc. Anticipatory Bail Application No. 1518 of 2023.
5. In view of the aforesaid circumstances, the interim order dated 22.08.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
Order Date :- 19.9.2023
Pradeep/-
