BISHWANATH AGARWAL V. UNION OF INDIA THROUGH CENTRTAL BUREAU OF INVESTIGATION

A.B.A./3419/2022

AI Insights

Bishwanath Agarwal sought anticipatory bail in connection with a case involving allegations of a criminal conspiracy to manipulate Income Tax Assessment files for undue relief in exchange for illegal gratification. The petitioner argued that he had cooperated with the investigation, and compared his situation to co-accused who had been granted anticipatory bail. The CBI opposed the bail, but the court, considering the circumstances and the petitioner's health issues, decided to grant anticipatory bail with specific financial and procedural conditions.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 676244 (HC-JHARKHAND)
• Appeal Type: Others
• Pronouncement Date: 02-09-2022
• Assessment Year: misc
• Laws Referred To: Indian Penal Code, Prevention of Corruption Act, 1988, Criminal Procedure Code
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: PRASHANT PALLAV; P PODDAR
• Assessee Lawyers: INDARJIT SINHA; ROHIT SINHA
• Keywords: Anticipatory bail; Criminal conspiracy; Illegal gratification; Income Tax Assessment files; Cardiac ailments
• Section: 12; 13(2); 7; 13(1)(d); 120B; 438(2)

Judgement Text

"IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3419 of 2022 ------ Bishwanath Agarwal … Petitioner Versus The Union of India through C.B.I. … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Indarjit Sinha, Advocate : Mr. Rohit Ranjan Sinha, Advocate For the C.B.I. : Mr. Prashant Pallav, ASGI : Mr. P. Poddar, AC to ASGI ------ Order No.03 Dated- 02.09.2022 Heard the parties. Apprehending his arrest in connection with R.C. AC1 2018 A 0006 (corresponding to R.C.06(A)/2018-D) instituted under Sections 120B of the Indian Penal Code and Sections 7, 12 and 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that earlier the prayer for grant of anticipatory bail of the petitioner was rejected on 04.02.2019 in A.B.A. No.3109 of 2018 with A.B.A. No.3118 of 2018 with A.B.A. No.3119 of 2018 with A.B.A. No.3124 of 2018 and the fresh ground is that in the meanwhile two of the co-accused persons against whom charge-sheet was submitted have been given the privilege of anticipatory bail by this court and charge-sheet has been submitted against the petitioner but since the petitioner has all along co-operated with the investigation of the case, C.B.I. has submitted charge-sheet against the petitioner without arresting him. It is next submitted that the allegation against the petitioner is that the petitioner entered into a criminal conspiracy with the principal accused namely Tapas Kumar Dutta being the Principal Commissioner of Income Tax, Ranchi during the years 2016-2017 and other co-accused persons of the case to get the Income Tax Assessment files of different assesse companies transferred from Kolkata to Hazaribag/Ranchi for providing undue relief to these assesses charged with heavy tax liability by Income Tax Authorities of Kolkata, in lieu of illegal gratification. It is next submitted that the petitioner is suffering from Cardiac ailments and he has 90% blockage in heart veins. It is next submitted that the co-accused Nirmal Kumar Jain has been given the privileges of anticipatory bail by this Court vide order dated 05.05.2022 passed in A.B.A. No.2940 of 2022 and another co- accused namely Prabhu Dayal Randar @ Prabhu Dayal Randher @ Prabhu Dayal Randhar has also been given the privileges of anticipatory bail by this Court vide order dated 28.04.2022 passed in A.B.A. No.2609 of 2022. It is further submitted that the petitioner undertakes to deposit Rs.10,00,000/- with the Registrar Civil Court, Ranchi by way of demand draft drawn in favour of the Registrar Civil Court, Ranchi without prejudice to his defence, subject to final decision in the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned counsel for the CBI opposes the prayer for anticipatory bail of the petitioner. Considering facts of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four months from the date of this order, the petitioner shall be released on bail on depositing Rs.10,00,000/- with the Registrar Civil Court, Ranchi by way of demand draft drawn in favour of the Registrar Civil Court, Ranchi without prejudice to his defence, subject to final decision in the case and on furnishing bail bond of Rs.2,00,000/- (Rupees Two Lakhs) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner- XVIII-cum-Special Judge, CBI, Ranchi in connection with R.C. AC1 2018 A 0006 (corresponding to R.C.06(A)/2018-D) subject to the condition that the petitioner will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C. If the petitioner deposits the said amount with the Registrar, Civil Court, Ranchi, the Registrar Civil Court, Ranchi is directed to deposit the said amount of Rs.10,00,000/- with any nationalized bank in the form of Fixed Deposit, at least for a period of two years with auto renewal clause. At the time of conclusion of the trial, learned trial court is directed to pass appropriate order regarding the money, if any, deposited by the petitioner with the Registrar, Civil Court, Ranchi in connection with this case. (Anil Kumar Choudhary, J.) Sonu/Gunjan- "