Case Law Details
Madhur Marwah Vs State of U.P. (Allahabad High Court)
In a recent judgment, the Allahabad High Court has granted anticipatory bail to Mr. Madhur Marwah in a case involving a significant loss of ₹6.04 crores to the State Exchequer. The judgment, dated 8th November 2023, outlines the details of the case and the considerations leading to the grant of anticipatory bail.
Background: The anticipatory bail application was filed on behalf of Mr. Madhur Marwah in connection with F.I.R./Case Crime No. 0209 of 2023, registered under Sections 420, 406, 467, 468, 471 of the Indian Penal Code (IPC). The case was lodged at Police Station Medical College, District Meerut. The allegations against Mr. Marwah and other co-accused individuals revolve around causing a loss of ₹6.04 crores to the State Exchequer through forgery. The accused are accused of operating 16 fake tax payers’ firms and obtaining money from the Department based on fabricated documents.
Key Points from the Judgment:
- False Implication: Mr. Marwah’s counsel argued that he has been falsely implicated in the case. It was asserted that his name emerged in the statement of a co-accused, which the counsel argued is not admissible in law.
- No Criminal History: The counsel further highlighted that Mr. Marwah has no criminal history, and he is willing to cooperate during the investigation and subsequent trial.
- Opposition by the Department: The Department’s counsel and the Assistant Government Advocate vehemently opposed the anticipatory bail, labeling Mr. Marwah as one of the key figures in a larger network causing losses to taxpayers’ money.
- Grant of Anticipatory Bail: The High Court, after due consideration, granted anticipatory bail to Mr. Madhur Marwah. The order stipulates that in the event of arrest, he shall be released forthwith on interim anticipatory bail, subject to conditions.
- Conditions for Bail: The conditions imposed include the provision of a personal bond and two sureties to the satisfaction of the arresting officer. Mr. Marwah is required to make himself available for interrogation as needed, refrain from influencing anyone associated with the case, and not leave India without the Court’s permission.
- Time for Counter Affidavit: The court granted two weeks’ time to the Department’s counsel to file a detailed counter affidavit. The applicant is allowed to file a rejoinder affidavit within a week thereafter.
- Next Hearing: The application, along with others related to anticipatory bail, is scheduled for the additional cause list on 12th December 2023. Until the next hearing, no coercive action is to be taken against Mr. Marwah in the specified case.
The order concludes by directing the correction of the applicant’s name in the case title as shown in the order. The judgment reflects the court’s careful consideration of the facts and circumstances surrounding the case before deciding on the grant of anticipatory bail.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
1. Heard learned counsel for the parties and perused the material available on record.
2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0209 of 2023, under Sections 420, 406, 467, 468, 471 of IPC, Police Station Medical College, District Meerut, with a prayer to enlarge him on anticipatory bail.
3. As per prosecution story, the applicant in collusion with other co-accused persons is stated to have caused loss to the State Exchequer to the tune of Rs.6.04 crores by committing forgery as he is one of the persons, who is stated to be running 16 fake tax payers’ firm. The applicant and other co-accused persons are stated to have got the said money released from the Department on the basis of fake documents.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. His name has come up in the statement of co-accused person which is not admissible in law. Learned counsel has further stated that there is every apprehension of his arrest as the FIR has been instituted on 11.06.2023. The applicant has no criminal history to his credit. He is ready to cooperate during investigation and in the ensuing trial as well.
5. On the other hand, learned counsel for the Department-informant as well as learned A.G.A. have vehemently opposed the prayer for grant of anticipatory bail on the ground that the applicant is one of the kingpins of the larger network causing loss to the tax payers’ money. Learned counsel for the informant proposes to file counter affidavit.
6. Matter requires consideration.
7. In the event of arrest, the accused-applicant Madhur Marwah shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make himself available for interrogation as and when required;
(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 him from disclosing such facts to the Court or to any police officer; and
(iii) the applicant shall not leave India without the previous permission of the Court.
8. As prayed, two weeks’ time is granted to learned counsel for the informant to file a detailed counter affidavit.
9. Rejoinder affidavit, if any, may be filed within a week, thereafter.
10. Connect this application along with Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. Nos. 9150 of 2023 and place it on 12.12.2023 in the additional cause list.
11. Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
12. Office is directed to correct the name of the applicant in the case title as shown in the order.
Order Date :- 8.11.2023
