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SUBHASH VIDYARTHI
Yogendra Nath Pandey – Appellant
Versus
Directorate Of Enforcement Allahabad Sub Zonal Office B. K. Banarjee – Respondent
JUDGMENT :
1. Heard Sri Sachin Chaturvedi, the learned counsel for the applicant and Sri Kuldeep Srivastava, the learned counsel for the respondent-Directorate of Enforcement.
2. On 22.08.2023, after hearing the learned counsel for the parties, this Court had passed the following interim order -
2. The instant application has been filed seeking anticipatory bail for the applicant in Sessions Case No. 512/2023, ECIR No: 02/VSI/LZO/2012, under Sections 3/4 of Prevention of Money Laundering Act, 2002, PS-Enforcement Directorate, Allahabad Sub Zonal Office, District Prayagraj.
3. On 13.04.2011, the C.B.I/ACB Lucknow had filed F.I.R No. RC0062011A0005 against Sri Anil Kumar Agarwal, Director of M/s Fertico Marketing & Investment Pvt. Ltd. and owner of three other firms and some other persons, alleging that the aforesaid company receives coal from Northern Coal Fields limited for manufacture of Special Smokeless Fuel (SSF) and instead of processing the coal, the company sold it in black market at a high premium wr
The court considered the personal circumstances of the applicant, including age and health condition, in granting interim anticipatory bail.
The court's decision was influenced by the applicant's age, health condition, and the absence of allegations of recovery of proceeds of crime, leading to the grant of interim anticipatory bail.
The main legal point established in the judgment is that the court may grant anticipatory bail based on the lack of reasonable apprehension of the applicant influencing witnesses or tampering with ev....
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.
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 s....
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 p....
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
Misuse of the process of the court and forum shopping can be considered in the decision to grant anticipatory bail.
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