Allowed

Manoj Kumar Singh v. the Union of India through Central Bureau of Investigation Delhi

Jharkhand HC16 Jun 2023A.B.A./2737/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed an application for anticipatory bail under Section 438 Cr.P.C. for a petitioner accused under the Indian Penal Code and Prevention of Corruption Act. The court ruled that no further purpose would be served by arrest, permitting bail upon surrender within two weeks by furnishing a bond and sureties.

What did the court decide?

Petitioner allowed anticipatory bail; shall be released on bail on surrender within two weeks of this order by furnishing bail bond of Rs.50,000 with two sureties of like amount.

Manoj Kumar Singh Vs the Union of India through Central Bureau… — Corruption | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2737 of 2023

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----Manoj Kumar Singh … …. Petitioner

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Versus

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The Union of India through Central Bureau of Investigation, Ranchi

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… …. Opp. Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : M/s Sumeet Gadodia & Aanya, Advocates For the CBI : M/s Anil Kumar, Addl.S.G.I. Nitish Parth Sarthi & Chandana Kumari, AC to Addl.S.G.I.

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Oral Order

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05 / Dated : 16.06.2023

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Apprehending his arrest, the petitioner named above has moved this Court for grant of anticipatory bail in connection with RC Case No. 02(A)/2012-R registered under Sections 120B, 420, 468, 471 of Indian Penal Code and Sections 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, pending in the court of Special Judge, CBI, Ranchi.

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Heard the parties.

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The prosecution case in brief is that the petitioner is one of the Directors of Maa Mundeswari Carbon Pvt. Ltd. which is in the business of manufacturing of soft coke from coal being supplied by Central Coalfields Limited under Fuel Supply Agreement. The main allegation against the petitioner is that without having any effective manufacturing of soft coke, Fuel Supply Agreement was entered into between Central Coalfields Limited and the allotted coal was sold in the open market thereby causing loss to the tune of Rs.4,07,99,625/- to Central Coalfields Limited.

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It is submitted by learned counsel for the petitioner that there is allegation that the petitioner had entered into criminal conspiracy with the officials of Central Coalfields Limited, but the charge sheet has not been submitted against any of such official with whom the petitioner is alleged to have entered into criminal conspiracy. After the CBI raid, coal supply was suspended by the Central Coalfields Limited for some time and show cause notice was issued to the petitioner. After explanation was submitted by the company, the supply of coal was resumed on 07.12.2011, which goes to show that the allegation of diverting coal to open market was not true. Lastly, it is submitted that after investigation, charge sheet has been submitted and in view of the ratio decided by the Hon’ble

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Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation {(2022) 10 SCC 51} and Amar Preet Singh Vs. CBI (2021) SCC Online SC 941), no further purpose would be served to arrest the accused.

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Learned Addl.S.G.I. appearing for the CBI has opposed the prayer for bail and submitted that the petitioner has submitted false project report of soft coke to Central Coalfields Limited authority and in pursuant of it, the petitioner managed fake and fabricated document.

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Having considered the rival submissions of learned counsel and taking into account the fact that the charge sheet has been submitted, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under section 438 (2) Cr. P.C. and further condition that one of the bailers should be income tax payee.

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AKT

Manoj Kumar Singh v. the Union of India through Central Bureau of Investigation Delhi

Case brief

What is this about?

What did the court decide?

Manoj Kumar Singh v. the Union of India through Central Bureau of Investigation Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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