The Lucknow Bench of the Allahabad High Court has allowed the anticipatory bail plea of Sameer Dobriyal, son of Revenue officer Vivekananda Dobriyal, accused of acquiring disproportionate assets and corruption.
A single-judge bench of Justice Rajesh Singh Chauhan passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Sameer Dobriyal.
The Court in the order dated 09.09.2022 granted interim anticipatory bail, which reads as under:-
“Heard I.B. Singh, Senior Advocate assisted by Satendra Kumar Singh, counsel for the applicant, and Prem Prakash, A.G.A for the State, and perused the material on record. The anticipatory bail application has been filed on behalf of applicant Sameer Dobriyal under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case for an offense punishable under Section 13(2) of the Prevention of Corruption Act, registered at Police Station- Gomti Nagar, District- Lucknow, till the conclusion of the trial, after rejecting the anticipatory bail application of the applicant by Additional Sessions Judge/Special Judge, P.C Act, Lucknow, vide order dated 18.08.2022.
The facts of the case are that the First Information Report dated 26.07.2022 has been lodged against the applicant by the Deputy Police Commissioner, Police Commissionerate, Lucknow, stating that the applicant has gained income from unknown sources disproportionate to his income during the service as Rs 7,50,831 and he has spent Rs 57,23,848 and he has not explained the aforesaid income.
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case due to ulterior motives. It is further submitted that the FIR has been lodged one day prior to the order passed by the Supreme Court in Special Leave Petition No 6552 of 2022 by which the Supreme Court stayed the arrest of his father in another case as case under Section 7, 13(1)(b) of the P.C Act, 120 B, 384, 389, 420, 465, 405, 471, 504 of the IPC at Police Station Qaiserbagh, District Lucknow.
It is further submitted that the applicant has joined the service as Assistant Review Officer in Vidhan Sabha Sachivalaya, Lucknow on 01.07.2021.
It is also submitted that the applicant passed out his Bachelor in Engineering in 2014 and MBA in 2016 and he joined services in different companies like HCL Technologies, Alfa Front Finserve Pvt Ltd, Oracle (OFSS) Processing, Bright 4 Wheels Pvt Ltd, Sub Laxmi Finance, Uniworld Infra Tech Pvt Ltd and gained Rs 24,85,454 as salary and allowances.
Counsel for the applicant said that on 29.07.2021, prior to getting the first salary from the department, he had purchased two shops amounting total of Rs 53,43,571. It is further said that he informed the department about the purchasing of two shops on 02.06.2022. It is also said that the department has not initiated any departmental inquiry against the applicant. It is further submitted that the FIR has not been lodged by the department.
It is further submitted that the father of the applicant was also a government employee, and he retired on 31.03.2022 from the post of Private Secretary to Chairman, of the Board of Revenue, after serving for a period of 41 years. It is next contended that the mother of the applicant had also worked in various private firms and business houses for a period of about 30 years. It is further submitted that another FIR has been lodged against the father of the applicant after two months of his retirement in which the Supreme Court has stayed the arrest of the applicant’s father.
It is further submitted that there is no other criminal history of the applicant. It is further submitted that the applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offense previously. It is further contended that the applicant is ready to participate in the investigation.
A.G.A has opposed the prayer for anticipatory bail of the applicant and supported the order of the Court below and submitted that custodian interrogation is required.
It is a settled position of law that anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offense are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.
Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Sushila Agrawal Vs State (NCT of Delhi)-2020 SCC Online SC 98, grounds for grant of an interim anticipatory bail is made out.
A.G.A may file a counter affidavit within two weeks.
Rejoinder affidavit, if any, may be filed within one week thereafter.
Put up this case as fresh for final hearing on 10.10.2022.
In case of arrest, the applicant, Sameer Dobriyal is directed to be enlarged on anticipatory bail till the hearing of the application in above case crime number, on his furnishing personal bond of Rs 25,000 and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if he has a passport, the same shall be deposited by them before the SSP/S.P concerned/Court concerned.”
The Court noted that,
On October 10, Satendra Kumar Singh, counsel for the applicant has informed that he has not received any counter affidavit, however, the State was directed to file the counter affidavit order dated 09.09.2022 (supra).
Additional Government Advocate has prayed that some more time may be given to file counter affidavit. On being confronted as to whether the investigation has been completed or not, the Additional Government Advocate as well as counsel for the applicant, both, have informed that the investigation is still going on.
Satendra Kumar Singh, counsel for the applicant has informed that the applicant is co-operating in the investigation and has not flouted the directions so issued by the Court order dated 09.09.2022 (supra).
Additional Government Advocate has also apprised on the basis of instructions that there is no complaint against the applicant regarding his non-cooperation in the investigation.
The Court said, be that as it may, since the applicant has been granted interim anticipatory bail on 09.09.2022 and he is co-operating in the investigation as investigation is still going on and he has given undertaking that he shall not misuse the liberty of anticipatory bail and shall cooperate in the investigation, therefore, the Court do not found any good ground to grant any more time to file the counter affidavit and also to keep this application/petition pending any longer.
Therefore, without entering into merits of the issue, the Court disposed of the application/ petition at the admission stage protecting the liberty of the applicant till completion of the investigation or till filing of the police report/ charge-sheet under Section 173 (2) CrPC in terms of dictum of the Apex Court rendered in re: Sushila Agrawal Vs State (NCT of Delhi)-2020 SCC Online SC 98 on furnishing a fresh personal bond of Rs 50,000/- and two fresh sureties each in the like amount to the satisfaction of the Investigating Agency/ Court concerned on the same terms and conditions as has been indicated in the order dated 09.09.2022 (supra).