Point of Law: Anticipatory Bail - Issue of (Bail) is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process.

JUDGMENT :

1. Heard Sri Ajit Kumar Sinha, learned Senior Advocate assisted by Sri Himanshu Hemant Gupta, Sri Ashwarya Sinha and Sri Alok Kumar Singh, learned counsels appearing on behalf of the applicant as well as Sri Anurag Kumar Singh, learned counsel for the Central Bureau of Investigation assisted by Sri Akhilendra Singh, Advocate and also perused the material available on record.

2. The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No.12 of 2012 arising out of Case Crime No. R.C.0062011A0006 of 2011, under Sections 120-B, 420, 467, 468 and 471 IPC and Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, Police Station CBI, ACB, District Lucknow, with a prayer to enlarge him on anticipatory bail.

BRIEF FACTS OF THE CASE

3. A coal linkage was granted to M/s Jai Durga Industries, Chandauli in the year 1987. A new coal distribution policy was introduced on 18.10.2007 by the Ministry of Coal, envisaging a new mechanism of coal distribution by way of entering into the Fuel Supply Agreement in compliance with the directions of the Supreme Court in M/s Ashoka Smokeless Vs. Union of India and in connected matters, (2007) 2 SCC 640. As per new policy, the prices were to be fixed by Coal India Limited. Pursuant to the said newly devised system, a Fuel Supply Agreement was entered into between the M/s Jai Durga Industries and the Coal Company. It is alleged in the FIR that the coal supplied was at the notified price fixed by the Coal India Limited to streamline the rates across the country. The applicant is the Director in the Company M/s Jai Durga Industries and the said Company is alleged to have sold the coal supplied to it in the open market, thus, extricated undue gain by black marketing.

RIVAL CONTENTIONS

4. Sri Ajit Kumar Sinha, learned Senior Counsel for the applicant has stated that the applicant is innocent and has nothing to do with the said offence. The matter is of civil nature and the applicant is being harassed by the agency by adding criminal colour to it, thus, no useful purpose would be served by keeping the applicant in custody. There is no apprehension of the applicant fleeing away from the justice or tampering with any evidence which is in the possession of C.B.I. and E.D.

5. Learned Senior Counsel has placed reliance on Clause-4.4 and 15.5.5 of the Fuel Supply Agreement (Annexure-4 to the affidavit annexed with the bail application) wherein the penalty for diversion of coal in the open market is provided as the forfeiture of security money and termination of the contract. Learned Senior Counsel has further stated that the coal was supplied to it at the notified price fixed by the Coal India Limited as per the new Coal Distribution Policy dated 18.10.2007. He has further argued that on 28.04.2008, the applicant furnished a bank guarantee to the NCL to the tune of Rs.33,12,913/-and an additional bank guarantee of Rs.3,32,363/-on 19.11.2009. Learned counsel has further submitted that the Company represented by the applicant is a private company and the provisions of Prevention of Corruption Act are not attracted to its case. Learned counsel for the applicant has undertaken that there is no possibility of the applicant fleeing from the judicial proceedings and in the light of the judgment of the Apex Court in Bhadresh Bipinbhai Sheth Vs. State of Gujarat, (2016) 1 SCC 152and Siddharth Vs. State of Uttar Pradesh and another, (2021) SCC Online SC 615, the applicant may be enlarged on anticipatory bail.

6. Learned Senior Counsel has further argued that the charge-sheet has already been filed in the matter way back on 31.05.2012 and the applicant has not misused or abused the interim protection granted to him by various courts since then. Much reliance has been placed on the fact that in the charge-sheet filed by the CBI, no prosecution has been initiated against any of the erring officials of the NCL. It has further been argued that no subsidy was involved