[ad_1]
Supreme Court – Daily Orders
Amrendra Kumar Yadav vs Union Of India on 17 April, 2025
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
1
(NON REPORTABLE)
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. OF 2025
(Arising out of SLP(Criminal) No. 12670/2024)
AMRENDRA KUMAR YADAV Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
J U D G M E N T
1. Leave granted.
2. The present appeal is directed against the
impugned judgment and order dated 27.06.2024,
passed by the High Court of Judicature at Patna
in Criminal Miscellaneous No. 36683/2024, whereby
the High Court has rejected the said application
filed by the present appellant, seeking bail in
connection with the Enforcement Case Information
Report (ECIR), registered for the offence
punishable under Section 420,467,471 120B of the
Signature Not Verified
Indian Penal Code and Sections 13(2), 13(1)
Digitally signed by
NITIN TALREJA
Date: 2025.04.21
17:09:17 IST
Reason:
(c)and(d) of the Prevention of Corruption Act.
2
3. Heard learned counsel for the parties and
perused the material on record.
4. It is sought to be submitted by the learned
senior counsel, Mr. Siddharth Aggarwal, appearing
for the appellant that though the appellant is
involved in other five cases, except the present
one, he has been granted bail in all the five
cases. He further submits that so far as the
present case is concerned, the appellant was
taken into custody by the concerned Special Court
on 01.11.2021, after the prosecution complaint
was filed on 04.10.2021, and since then, the
appellant is in custody.
5. Mr. Aggrawal took the Court to the order of
the High Court staying the proceedings of the
complaint in a petition filed by the co-accused
and also to the proceedings of the Special Court,
and submitted that one of the co-accused is
absconding and because of the stay granted by the
High Court, the trial is not being proceeded
further by the Special Court.
3
6. However, the learned counsel appearing for
the Enforcement Directorate, Mr. Annam Venkatesh
has vehemently opposed the grant of bail to the
appellant, and submitted that there is prima
facie involvement of the appellant in the alleged
offence, as described in the ECIR, and
considering the seriousness of the crime in which
the appellant is involved, he should not be
granted the bail, as prayed for.
7. We are conscious of the fact that the
Appellant is involved in a very serious financial
scam, however having regard to the period of
custody undergone by the appellant as also to the
fact that the High Court stayed the proceedings
of the prosecution complaint, we are inclined to
accept the present appeal. We clarify that we
have not expressed any opinion on the merits of
the case.
8. In that view of the matter, it is directed
that the appellant shall be released on bail, if
not required in any other case, subject to the
conditions that the applicant shall execute a
4
bond for a sum of Rs.10 lakhs with solvent surety
of the like amount, and that he shall also file
usual undertaking before the Special Court that
he shall remain present before the Special Court
on every date fixed by the Court, and co-operate
with the Special Court in proceeding further with
the trial. He shall deposit his passport if any
before the Special Court.
9. Subject to the above conditions as also the
conditions that may be imposed by the Trial
Court, the appeal is allowed.
10. Pending application(s), if any, shall stand
closed.
….………………..J.
(BELA M. TRIVEDI)
………………….J.
(PRASANNA B. VARALE)
New Delhi
17.04.2025
5
(NON-REPORTABLE)
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. OF 2025
(Arising out of SLP(Crl) No. 17059/2024)
BIPIN KUMAR Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
J U D G M E N T
1. Leave granted.
2. The present appeal is directed against the
impugned judgment and order dated 07.10.2024,
passed by the High Court of Judicature at Patna
in Criminal Miscellaneous No. 31849/2024, whereby
the High Court has rejected the said application
filed by the present appellant, seeking bail in
connection with the Special Case No. 12 of 2020
arising out of the Enforcement Case Information
Report ((ECIR) No. PTZ0)/04/2018), registered for
the offence punishable under Section 420,467,471
120B of the Indian Penal Code and Sections 13(2),
6
13(1)(c)and(d) of the Prevention of Corruption
Act.
3. Heard learned counsel Ms. Rita Jha appearing
for the appellant as also Mr. Annam Venkatesh,
learned counsel appearing for the respondent-ED.
4. It is sought to be submitted by the learned
counsel appearing for the appellant that the
appellant is in custody since 28.09.2021, and the
total amount of proceeds of crime, allegedly
laundered by the appellant, is hardly Rs.01
crore.
5. However, the learned counsel appearing for
the respondent-ED has placed reliance on the
decision of this Court in the Case of Pradeep
Nirankarnath Sharma Versus Directorate of
Enforcement and Another (2025 SCC Online SC 560),
to submit that it is the aggregate amount of
proceeds of crime alleged against all the accused
should be seen. He further submitted that the
appellant is prima facie involved in a very
serious offence, as described in the ECIR, and
that he should not be granted relief of bail, as
prayed for.
7
6. Having regard to the submissions made by the
learned counsels appearing for the parties, and
to the period of custody undergone by the
appellant, we are inclined to accept the present
appeal subject to imposing strict conditions. We
clarify that we have not expressed any opinion on
the merits of the case.
7. In that view of the matter, it is directed
that the appellant shall be released on bail
subject to the conditions that the appellant
shall execute a bond for a sum of Rs.10 lakhs
with solvent surety of the like amount, and shall
also file usual undertaking before the Special
Court that he shall remain present before the
Special Court on every date fixed by the Court,
and shall co-operate with the Special Court in
proceeding further with the trial. He shall
deposit his passport, if any, before the Special
Court.
8. Subject to the above conditions as also the
conditions that may be imposed by the Special
Court, the appeal is allowed.
8
9. Pending application(s), if any, shall stand
closed.
……..………………..J.
(BELA M. TRIVEDI)
……………………J.
(PRASANNA B. VARALE)
New Delhi
17.04.2025
9
ITEM NO.3 COURT NO.9 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 12670/2024
[Arising out of impugned final judgment and order dated 27-06-2024
in CRM No. 36683/2024 passed by the High Court of Judicature at
Patna]
AMRENDRA KUMAR YADAV Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
IA No. 223422/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
WITH
SLP(Crl) No. 15177-15178/2024 (II-A)
IA No. 238266/2024 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
SLP(Crl) No. 17059/2024 (II-A)
IA No. 282332/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
SLP(Crl) No. 2679/2025 (II-A)
FOR ADMISSION
Date : 17-04-2025 These matters were called on for hearing today.
CORAM :
HON’BLE MS. JUSTICE BELA M. TRIVEDI
HON’BLE MR. JUSTICE PRASANNA B. VARALEFor Petitioner(s) :
Ms. Rita Jha, AOR
Mr. Ashutosh Thakur, AOR
Mr. Amit KumarMr. Siddharth Aggarwal, Sr. Adv.
Ms. Devina Sehgal, AORMr. M.C. Dhingra, Sr. Adv.
Mr. Gaurav Dhingra, AOR
10For Respondent(s) :
Mr. Annam Venkatesh, Adv.
Mr. Arvind Kumar Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E RSLP(Criminal) No. 12670/2024 AND SLP(Crl) No.
17059/2024.
Leave granted.
The appeals are allowed in terms of the signed non-
reportable judgments.
Pending application(s), if any, shall stand closed.
SLP(Crl) No. 15177-15178/2024
Learned counsel, Mr. Amit Kumar, appearing for the
petitioner(s) seeks time as the AOR, who is the arguing
counsel in these matters, is not well.
List the matters after four weeks.
SLP(Crl) No. 2679/2025
Issue notice, returnable after four weeks.
Mr. Arvind Kumar Sharma, learned AOR, accepts notice
on behalf of the respondent-ED and seeks time to file
counter affidavit. The same be filed in four weeks.
List the matter after four weeks.
(NISHA KHULBEY) (MAMTA RAWAT)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
(TWO SIGNED NON REPORTABLE JUDGMENTS ARE PLACED ON THE FILE)
[ad_2]
Source link