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2022 Supreme(All) 287
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Krishan Pahal, J.
Dr. Rajeev Gupta M.D. – Applicant
Versus
State Of U.P. Thru. Sp CBI/ACB Naval Kishore - Opposite Party
Criminal Misc Anticipatory Bail Application U/S 438 CR.P.C. No. - 299 of 2022
Decided On : 25-02-2022
Advocate Appeared:
For the Applicant : Purnendu Chakravarty
For the Opposite Party : Anurag Kumar Singh
Point of Law: Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the discretion of the court.
Headnote:
PC Act, 1988 - Sections 13(2) r/w 13(1)(e) – Indian Penal Code, 1860 - Section 109 - Anticipatory Bail Application - Possession of Disproportionate Assets - alleged in the complaint that Dr. Sunita Gupta, the then Sr. D.M.O., Northern Railways, Divisional Hospital, Charbagh, Lucknow was in possession of disproportionate assets to her known sources of income, which she can not satisfactorily account for. Dr. Rajeev Gupta husband of Dr. Sunita Gupta also abetted possession of assets disproportionate to known sources of income by Dr. Sunita Gupta -(Para 25,26).
Finding of the Court: 25. Corruption is a termite in every system. Once it enters the system, it goes on increasing. Today, it is rampant and has become a routine. Corruption is root cause of all the problems, such as poverty, unemployment, illiteracy, pollution, external threats, underdevelopment, inequality, social unrest. The menace has to be put to account. The offence is against the society. The Court has to balance the fundamental rights of the accused to the legitimate concerns of the society at large vis-a-vis the investigating agency -The task of the Court is manifold. Firstly, it has to ensure that there is no unwarranted misuse or abuse of process to encroach upon life and liberty of the applicant as enshrined under Article 21 of the Constitution. Secondly, it has to seen that the Rule of law is followed and the administration of justice is not hampered, the guilty is brought to book- Nature and gravity of offences, role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it - Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the discretion of the court - There is no unwarranted misuse or abuse of process to encroach upon life and liberty of the applicant as enshrined under Article 21 of the Constitution, it has to seen that the Rule of law is followed and the administration of justice is not hampered, the guilty is brought to book.
Result: Bail application is dismissed.
JUDGMENT :
1. Heard Sri Purnendu Chakravarty, learned counsel for the applicant and Sri Dharmendra Pratap Singh, Advocate holding brief of Sri Anurag Kumar Singh, learned counsel for the C.B.I.
2. The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No.690 of 2021, Crime No. RC0062019A0008, under Sections 13(2) r/w 13(1)(e) of PC Act, 1988 and Section 109 IPC, Police Station CBI/ACB, District Lucknow, with a prayer to enlarge him on anticipatory bail.
Brief Facts:-
3. The present case has been registered on the basis of a written complaint by Shri Anmol Sachan, PI/CBI/ACB/Lucknow, dated 23/05/2019 against Dr. Sunita Gupta, the then Sr. D.M.O., Northern Railway (N.R.), Divisional Hospital, Charbagh, Lucknow and her husband Dr. Rajeev Gupta, Professor, KGMU, Lucknow, U/s 109 IPC & Section 13(2) r/w 13(1)(e) of P.C. Act, 1988. It is alleged in the complaint that Dr. Sunita Gupta, the then Sr. D.M.O., Northern Railways, Divisional Hospital, Charbagh, Lucknow was in possession of disproportionate assets to her known sources of income to the tune of Rs 1,80,96,585.33 during the period 01/01/2009 to 12/07/2016, which she can not satisfactorily account for. Dr. Rajeev Gupta husband of Dr. Sunita Gupta also abetted the possession of assets disproportionate to known sources of income by Dr. Sunita Gupta.
4. The investigation revealed that Dr. Sunita Gupta was posted as Sr. D.M.O., N.R., Division Hospital, Lucknow up to October, 2015. She was transferred to Modern Coach Factory, Rae Bareli in same capacity wherein she joined on 16/11/2015 in compliance of Order No. 940E/1A/Medical Officer, dated 05/11/2015, DRM, Lucknow. Since then she is serving in MCF, Rae Bareli and staying in the Guest House of MCF, Rae Bareli. Occasionally, she comes to Lucknow. Dr. Sunita Gupta retained Government Accommodation allotted to her at Lucknow, with due permission from competent authority. While Dr. Sunita Gupta resided in Rae Bareli, her husband Dr. Rajeev Gupta resided in her official residence at Type IV-24, Church Road, Railway Colony Lucknow.
5. During investigation of RC/006/2016/A/002, by Shri Anmol Sachan, searches were conducted by Sh Sandeep Pandey. PI/CBI/ACB/Lko in presence of the CBI Team & independent witnesses at official residential premises of Dr. Sunita Gupta at IV-24, Church Road, Railway Colony, near Fatehli Chauraha, Charbagh, Lucknow on 12/07/2016. At the time of searches. Dr. Sunita Gupta was posted at Rae Bareli. Her husband Dr. Rajeev Gupta was present in the official residence of Dr. Sunita Gupta at Lucknow.
6. During the course of house search, a Search List was prepared vide which total six items including documents and cash was seized. Two Steel Almirah were kept in the Drawing Room which were opened with the keys provided by Dr. Rajeev Gupta. The Almirah contained huge currency notes. Total Rs. 1,59,00,000/ were found in the Almirah. Enquiry was made from Dr. Rajeev Gupta about the source of money. He took the plea that the said cash has been earned by him through private practice. The plea taken by Dr. Rajeev Gupta was not found satisfactory. Hence, the said amount was seized. In addition to Rs 1,59,00,000/-, an amount of Rs 70,700/-was also found in the Steel Almirah, which was left for their day to day expenditure. During searches various documents pertaining to investments by Dr. Sunita Gupta and Dr. Rajeev Gupta were found and seized vide Search List, dated 12/07/2016 by Sh Sandeep Pandey, the then PI/CBI/ACB/Lko i.e. "List of Insurance Policies & FDs, "List of NSC/KVP", "List of SB A/c detail and PPF A/c, Currency Notes Rs 1,59,00,000/ seized vide "Details of Currency Notes". In the said house of the wife of the applicant, the house hold items/articles a separate Inventory Memo was prepared, annexed with the search list. In the Inventory Memo details i.e. date, time, cost of requisition, mode of acquisition and details of items/articles was noted. During the house search of Dr.
