Point of Law: Personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of 'procedure established by law'. The last four words of Article 21 are the life of that human right.

JUDGMENT :

1. Heard Sri Himanshu Suryavanshi and Sri Amit Kumar Kaushal, 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 Case Crime No. R.C.0062011A0006, 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.

4. During the course of investigation, it has been found that the coal supplies have been made to M/s. Jai Durga Industries after taking certificate of the operational status from the State Industries Department i.e. District Industries Centre (DIC). After allotment of coal by the concerned coal companies, the coal companies used to write to the units directly for verification and send the copy of the letter to the DICs and the Directorate of Industries. Upon receipt of such letters from the coal companies, the DICs used to verify and send their report directly to the concerned coal companies.

5. It has been alleged that in connivance of unknown officers/officials of DIC, Chandauli and Northern Coal Fields Limited (NCL), Ms. Jai Durga Industries, Chandauli had lifted coal from NCL at an average price of Rs.1700/-per MT during the period of 2010-11 of which the average market price of same grade coal was Rs.4200/-per MT. It has further been alleged that the coal supplied was at the notified price fixed by the Coal India Limited to streamline the rates across the country.

6. As per the charge-sheet submitted by the CBI on 31.05.2012, the co-accused Ramji Singh, the then General Manager of DIC Chandauli and the applicant, who was the Assistant Manager therein, are alleged to have indulged in criminal conspiracy and abused their official position in connivance with Ratan Singh, by issuing forged certificates regarding the existence of unit and its operational status on the basis of which the supplies of coal were made to the alleged companies.

RIVAL CONTENTIONS

7. Sri Himanshu Suryavanshi and Sri Amit Kumar Kaushal, learned counsels appearing for the applicant have stated that the applicant is innocent and has been falsely implicated in the present case. The applicant is just a scapegoat and he was not involved in any illegal activities as alleged against him by the prosecution. The matter is purely civil in 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.

8. Learned counsel for the applicant has also submitted that the applicant is a old aged person and he has had a Cardiac Bypass Surgery on 14.07.2010 and his wife is also suffering from fatal disease of kidney failure. He has further submitted 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 h