Allowed¶17

Dr Anil Kumar Shukla v. Central Bureau of Investigation

Allahabad HC19 May 2023A482/17031/2023

Case brief

AI extract

What is this about?

Passport release; Section 482 Cr.P.C.; CBI; Prevention of Corruption Act S.13(2) r/w 13(1)(d); IPC 120B/420/468/471; Special Judge (PC Act) Ghaziabad; Special Case No. 2 of 2022; F.I.R. RC0062016A0018; travel to United Kingdom; Royal College of Physicians; son's admission ceremony; wife as bail surety; fresh surety of very heavy amount; redeposit of passport after return; Dr Anil Kumar Shukla; Allahabad High Court; Rajeev Misra, J.; 2023:AHC:111395; Application U/S 482 No. 17031 of 2023; decided 19.5.2023.

What did the court decide?

Release of the applicant's passport by the court concerned by 23.05.2023, conditional on furnishing one fresh surety of very heavy amount (since the wife-surety accompanies him) and redepositing the passport with the court concerned after his return. ¶17

Dr Anil Kumar Shukla Vs Central Bureau of Investigation — Corruption | Allahabad HC (2023)

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the passport of the accused applicant, withheld in connection with the bail in Special Case No. 2 of 2022 (C.B.I.), should be released so that he can travel to the United Kingdom with his family to attend his son's admission ceremony at the Royal College of Physicians. +1 more

¶16

Court's answer

The visit to the United Kingdom to attend the son's admission ceremony at the Royal College of Physicians is not for a frivolous cause; a father has a natural passion for his son, and the prayer for release of the passport is therefore allowed.

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Ratio / Principle

The passport of the applicant shall be released by the court concerned by 23.05.2023.

¶17

Key takeaways

Since the applicant's existing surety (his wife) is also accompanying him, he shall furnish one fresh surety of very heavy amount to the satisfaction of the court concerned as a condition of release of the passport.ratio¶17
After his return from the United Kingdom, the applicant shall deposit the passport back to the court concerned.ratio¶18

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Rajeev Misra, J.; Neutral Citation 2023:AHC:111395) allows an application under Section 482 Cr.P.C. by Dr Anil Kumar Shukla, an accused in Special Case No. 2 of 2022 (C.B.I. Vs. Dr. Anil Kumar Sharma and others) arising out of F.I.R. No. RC0062016A0018 under Sections 120B, 420, 468, 471 I.P.C. and Section 13(2) read with 13(1)(d) Prevention of Corruption Act, challenging the order dated 14/15.4.2023 of the Special Judge, PC Act (C.B.I.), Ghaziabad rejecting release of his passport. Finding that the applicant's son had been selected at the Royal College of Physicians, United Kingdom, and that the family wished to attend the admission ceremony, the court held the visit was not for a frivolous cause and directed release of the passport by 23.05.2023; since the applicant's wife, his bail surety, would accompany him, he was required to furnish one fresh surety of very heavy amount, and to redeposit the passport after his return.

¶1

Neutral Citation No. - 2023:AHC:111395

¶2

Court No. - 49

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Case :- APPLICATION U/S 482 No. - 17031 of 2023

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Applicant :- Dr Anil Kumar Shukla Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Srijan Pandey,Swetashwa Agarwal Counsel for Opposite Party :- Sanjay Kumar Yadav

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Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Srijan Pandey, the learned counsel for applicant and Mr. Sanjay Kumar Yadav, the learned counsel for opposite party 1 i.e. C.B.I.

¶7

Present application come up for orders on 08.05.2023 and this court passed the following order.

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"Heard Mr. Srijan Pandey, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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This application under Section 482 Cr.P.C. has been filed by accused applicant challenging the order dated 14/15.4.2023 passed by Special Judge, Prevention of Corruption Act (C.B.I.), Ghaziabad in Special Case No. 2 of 2022 (C.B.I. Vs. Dr. Anil Kumar Sharma and others) arising out of F.I.R. No. RC0062016A0018, under Sections 120B, 420, 468, 471 I.P.C. and Section 13(2) read with 13(1)(d) Prevention of Corruption Act , Police Station-C.B.I., A.C.B, District Lucknow.

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By means of the above order impugned in present application, the prayer made by the applicant for release of his passport has been rejected.

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Learned counsel for applicant contends that the son of the applicant has been selected in the Royal College of Physicians, Edunburgh and the applicant along with his family wants to attend the ceremony which is to be held upon the admission of new students. However, this application is opposed by Mr. Gyan Prakash, Deputy Solicitor General of India assisted by Mr. Sanjai Kumar Yadav, the learned counsel representing respondent 1 i.e. C.B.I.

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Let necessary instructions be obtained by the learned counsel representing C.B.I.

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Matter shall reappear as fresh on 19.5.2023"

¶15

Upon instructions Mr. Sanjay Kumar Yadav, the learned counsel representing C.B.I. submits that the applicant is going to United Kingdom along with his entire family. The wife of the applicant is a surety in respect of the bail granted to the applicant. He therefore, submits that in case there is breach on the part of applicant then there is no safeguard with the prosecuting agency i.e. the C.B.I. Except for the above there is no serious objection with regard to the prayer prayed for by means of the present application.

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Having heard the learned counsel for the applicant, the learned counsel representing C.B.I. upon perusal of record this court finds that the son of the applicant has been selected in the Royal College of Physicians United Kingdom. The applicant along with his family wants to attend the ceremony which is to be held at the aforesaid institution upon admission of new students. In view of above it cannot be said that the applicant is visiting United Kingdom for a frivolous cause. Admittedly applicant is the father and he has a natural passion for his son. In view of above the prayer prayed for by means of present application is allowed .

¶17

The pass port of the applicant shall be released by the court concerned by 23.05.2023. However it is provided that since the surety submitted by the applicant is also accompanying the applicant therefore the applicant shall furnish one fresh surety of very heavy amount subject to the satisfaction of the court concerned.

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After his return the applicant shall deposit the pass port to the court concerned.

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Order Date :- 19.5.2023

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Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Dr Anil Kumar Shukla v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

Dr Anil Kumar Shukla v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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