Allowed

Mukesh Kumar Tulsian v. Central Bureau of Investigation Anti Corrupt. Branch Lko.

Allahabad HC11 Mar 2024/292/2024

Case brief

AI extract

What is this about?

Subhash Vidyarthi, J. granted anticipatory bail to Mukesh Kumar Tulsian in a corruption case involving the sale of coal in violation of a supply agreement, citing parity with bail grants to co-accused and imposing standard bail conditions.

What did the court decide?

Grant of anticipatory bail conditioned on furnishing a bond and sureties, surrendering passport, refraining from tampering with evidence, and appearing before the court as required.

Mukesh Kumar Tulsian Vs Central Bureau of Investigation Anti… — Corruption | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:21264

¶2

Court No. - 27

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 292 of 2024

¶4

Applicant :- Mukesh Kumar Tulsian Opposite Party :- Central Bureau Of Investigation Anti Corrupt. Branch Lko. Counsel for Applicant :- Himanshu Hemant Gupta Counsel for Opposite Party :- Anurag Kumar Singh

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Himanshu Hemant Gupta, learned counsel for the applicant, and Sri Dharmendra Singh holding brief of Sri Anurag Kumar Singh, learned counsel representing the respondent-C.B.I.

¶7

By means of the instant application the applicant Subhash Chandra Tulsiyan S/o Late Chaju Ramji Tulsiyan is seeking anticipatory bail in Criminal Case No. 489 of 2023, arising out of chargesheet filed in RC0062011A0005 under section 120-B, 420, 467, 468, 471, I.P.C., and section 13(2), read with and 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred as 'P.C. Act'), P.S. SPE/ACB, Allahabad.

¶8

Initially, the aforesaid case has been registered on the basis of a first information report (F.I.R.) lodged by the CBI on 13.04.2011 against the applicant, who is a Proprietor/Director of M/s Shubhangi Traders and unknown officers/officials of District Industries Center and of Northern Coalfields Ltd., Singrauli, Madhya Pradesh, alleging that after procuring some quantity of coal from Northern Coalfields Ltd. under a Fuel-Supply Agreement for the purpose of processing and manufacturing special smokeless coal, the applicant sold the coal in open market, at a premium, in violation of the terms of the Agreement.

¶9

Learned counsel for the applicant filed affidavit in support of the bail-application stating that the applicant is innocent. He has falsely been implicated in the present case and he has no criminal history, except for the predicate offense and a case lodged by the Directorate of Enforcement in furtherance of the same.

¶10

After investigation the C.B.I. has submitted a chargesheet on 31.05.2012 against eight named accused persons, including the applicant. One of the co-accused persons, Arun Kumar Agarwal, who is also a Director of M/s Fertico Marketing and Investment Pvt. Ltd., has been granted interim anticipatory bail by means of order dated 15.12.2021 passed by this Court sitting at Allahabad in Criminal Misc. Anticipatory Bail Application No. 17958 of 2021. The other coaccused persons, namely Ramji Singh, Yogendra Nath Pandey and Jay Narayan Agarwal have also been granted anticipatory bail vide orders

¶11

dated 28.3.2023 1.5.2023, and 11.05.2023 in Criminal Misc. Anticipatory Bail Application Nos. 677 of 2023, 1018 of 2023 and 1103 of 2023 respectively.

¶12

Learned counsel for the applicant has submitted the case set up against the applicant is similar to that set up against the co-accused Arun Kumar Agarwal, who has already been granted interim anticipatory bail.

¶13

Sri Dharmendra Kumar Singh, learned counsel for the respondent has filed a counter affidavit on behalf of the respondent-CBI opposing the application, but he could not dispute the fact that the case set up against the applicant is at par to the case set up against Subhash Chand Tulsiyan and Jay Narayan Agarwal who have already been granted anticipatory bail.

¶14

The application is allowed.

¶15

In the event of arrest/appearance before the Court, let the accusedapplicant Mukesh Kumar Tulsian, be released forthwith in Criminal Case No. 489 of 2023, arising out of chargesheet filed in RC0062011A0005 under section 120-B, 420, 467, 468, 471, I.P.C., and section 13(2), read with and 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred as 'P.C. Act'), P.S. SPE/ACB, Allahabad, on bail on his furnishing a personal bond and two sureties, each in the like amount, to the satisfaction of the Court concerned with the following conditions:-

¶16

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

¶17

(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;

¶18

(iii) that the applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court;

¶19

(iv) that the applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court;

¶20

(v) that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;

¶21

(vi) that it is directed that the trial may be concluded in accordance with law expeditiously, preferably, within a period of one year from

¶22

the date of this order, independently without being prejudiced by any observations made by this court while considering or deciding the present anticipatory bail application of the applicant;

¶23

(vii) that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

¶24

(viii) that the applicant shall not pressurize/ intimidate the prosecution witness;

¶25

(ix) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶26

(Subhash Vidyarthi, J.) Order Date :- 11.3.2024 prateek

¶27

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Kumar Tulsian v. Central Bureau of Investigation Anti Corrupt. Branch Lko.

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Tulsian v. Central Bureau of Investigation Anti Corrupt. Branch Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Uday Bhan Pandey Vs State of U.P. Thru. Senior Superintendent of Police Bahraich and 3 Others

Rajesh Raj Khanna Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Pappu Vs State of U.P. Thru. Secy. Deptt. of Home Lko. and 2 Others

Kalim Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Ajay Kumar Vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and 2 Others

Om Prakash Vs State of U.P. Thru. Prin. Secrt. Home Lko. and Another