Chandan Yadav vs. State Of Up
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The applicant, Chandan Yadav, sought anticipatory bail in connection with Case Crime No. 0211 of 2024, registered under various sections of the B.N.S. and the Prevention of Corruption Act, 1988. The First Information Report (FIR) was lodged on July 25, 2024, following a recovery of Rs. 37,360, 25 mobile phones, 2 notebooks, and 14 motorcycles, along with the arrest of 18 individuals. The FIR alleged that police personnel, in league with private individuals, were extorting money from heavy vehicles passing through Bharoli Tiraha in District Ballia. The operation was conducted under the supervision of DIG Sri Vaibhav Krishna based on information received by the ADG, Zone, Varanasi. The applicant claims he is not named in the FIR and his involvement surfaced through the confessional statement of a co-accused. He asserts he is a proprietor of Mahaveer Enterprises, dealing in silica sand, and his trucks frequently used the route, facing illegal demands from police officers. He denies involvement in robbery, cheating, conspiracy, or organized crime and states he has no prior criminal history. Non-bailable warrants were issued against him on August 17, 2024.
Held
The Court rejected the application for anticipatory bail. The Court found that the present case involved allegations of extortion of money from heavy vehicles. The action was initiated by the ADG, Zone, based on a tip-off from a police informer, and was conducted under the supervision of the DIG. The Court noted that incriminating material was recovered, and 18 accused persons were arrested. It held that the process could not be considered imaginary or false, as the raid was conducted under the supervision of senior police officers, whose actions at this stage could not be doubted. Furthermore, the Court observed that non-bailable warrants had been issued against the applicant on August 17, 2024. Consequently, the Court concluded that no grounds for interference were made out and rejected the anticipatory bail application.
Key Issues
1. Whether the applicant is entitled to anticipatory bail under Section 482 of the BNSS, considering the allegations of extortion and corruption against him and the issuance of non-bailable warrants? Petitioner's Arguments: The applicant argued that he has been falsely implicated and the allegations in the FIR are false and imaginary. He contended that he is not named in the FIR and his alleged complicity arose solely from the confessional statement of a co-accused. He further submitted that as a proprietor of Mahaveer Enterprises, his trucks plied the route where illegal demands were made by police officers, but he himself did not commit any crime like robbery, cheating, criminal conspiracy, or organized crime. He also highlighted his lack of any previous criminal history. Revenue/State's Arguments: The State vehemently opposed the prayer for anticipatory bail. They submitted that the action was taken by senior police officers (ADG and DIG) based on credible information, involving a raid and recovery of incriminating material. The State argued that the modus operandi involved private persons working for the police to shield themselves. They emphasized that 18 persons were arrested at the spot and the applicant is also involved. The issuance of non-bailable warrants against the applicant due to non-cooperation in the investigation was also highlighted as a reason to reject the bail plea.
Sections Cited
Section 482 BNSS, Section 7 Prevention of Corruption Act, Section 13 BNSS
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2024:AHC:155834 Court No. - 64 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9015 of 2024 Applicant :- Chandan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the record.
The present Criminal Misc. Anticipatory Bail U/S 482 BNSS has been filed by the applicant- Chandan Yadav with the following prayers: "It is, therefore, Most respectfully prayed that this Hon'ble Court may graciously be pleased to grant anticipatory bail to the applicant in Case Crime No. 0211 of 2024, under Sections 111, 309(4), 310(2), 61(2), 318 of B.N.S. and Sections 7/13 of the Prevention of Corruption Act, 1988, Police Station Narhi, District Ballia on such condition as may be imposed by this Hon'ble Court; and/or may further be pleased to grant interim protection to the applicant, till the disposal of the present application; and/or pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise, the applicant shall suffer irreparable loss and injury."
The facts of the case are that a First Information Report was lodged on 25.7.2024 under Sections 111, 309(4), 310(2), 61(2), 318 BNS, Section 7 Prevention of Corruption Act and Section 13 BNSS by Inspector Sushil Kumar, posted in Camp Office, Divisional Office, Azamgarh, against 23 persons on the basis of a recovery memo for recovery of Rs.37,360/-, 25 mobile phones, 2 note-books, 14 motorcycles and arrest of 18 accused persons with the allegations that within the area of Police Station Narhi in District- Ballia at Bharoli Tiraha, large number of heavy vehicles come from the side of Buxor, Bihar and the police in league with private persons extort money from the said vehicles by making a gang. On the day of the incident i.e. 24/25-07-2024 money was being extorted from the vehicles in an illegal manner. DIG, Azamgarh directed the first informant Sushil Kumar that on the basis of information received from the police informer the said fact has come to be known and as such special teams were constituted and were directed to go at the said place in the night. It was further informed that ADG, Zone, Varanasi along with his team will also go there and a surprise checking will be done at about 01:00 a.m. at Bharoli Tiraha, District Ballia. All the teams were constituted under the supervision of DIG Sri Vaibhav Krishna. The teams went at the said place after which ADG, Varanasi and other members of team reached there. The teams took their positions at the strategic places and apprehended the police personnels and other persons. A recovery memo was thus prepared on the basis of which a First Information Report has been lodged.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the entire allegations in the F.I.R. are false and imaginary. It is submitted while placing para-8 and 9 of the affidavit that the applicant is not named in the F.I.R. and during investigation complicity in crime has surfaced in the confessional statement of co-accused Vishnu Yadav being C.D. Parcha No. 9, dated 02.08.2024. While placing paragraph-16 of the affidavit it is submitted that the applicant is proprietor of Mahaveer Enterprises having GST Registration No. IOAGMPY 3935G128 and dealt with silica sand and almost daily 10-15 trucks belonging to the applicant plied on the said route and illegal demand was made by the police officers from the drivers. It is submitted that the applicant has neither committed robbery/decoity/cheating/hatched criminal conspiracy/organized crime. It is further submitted that apart from confession of the said co-accused no other evidence is against the applicant in which it is mentioned that the applicant is a middle man/transporter and no role of the applicant in commission of crime has been assigned. It is submitted that the applicant has no previous criminal history as stated in para- 24 of the affidavit.
Per contra, learned State counsel vehemently opposed the prayer for anticipatory bail and submitted that the present case is such in which ADG of concerned Zone on an information through police informer took action and the entire matter was monitored by him along with DIG concerned. It is submitted that senior officers of police came to know that money is being taken for passing heavy vehicles for crossing boarder after which teams were designated and there was a raid and there is a recovery of huge incriminating material. It is submitted that even the modus-operandi of the police
was that they had employed private persons to work for them so that they may be saved from the shadow of the incident. It is submitted that in the present matter 18 persons have been arrested at the spot. It is submitted that the applicant is also involved in the present matter and due to non-cooperation in the investigation, non bailable warrants have been issued against him vide order dated 17.08.2024 and hence, the prayer for anticipatory bail be rejected.
After having heard learned counsels for the parties and perusing the records, it is evident that the present case relates to extortion of money from heavy vehicles pass through boarder and road crossing. On a tip-off by police informer to ADG Zone concerned action was taken by him which was done under the supervision of DIG concerned. The material incriminating in nature along with arrest of 18 accused persons was done. The process cannot be said to be imaginary and false since raid was conducted under the supervision of senior police officer which cannot, in any manner, doubted at this stage. Non bailable warrants have been issued against him vide order dated 17.08.2024. No ground for interference is made out.
Accordingly, the present anticipatory bail application is rejected. Order Date :- 24.9.2024 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.