The Lucknow Bench of the Allahabad High Court has allowed the anticipatory bail to the Vice President of the Hygia Educational Group, Syed Ishrat Hussain Jafri, who is an accused in the UP’s ₹500 crore post-matriculation scholarship scam.
A Single Bench of Justice Subhash Vidyarthi passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Syed Ishrat Hussain Jafri.
The application has been filed seeking anticipatory bail for the applicant in Sessions Case under sections 409, 420, 467, 468, 471, 120-B I.P.C, P.S-Hazratganj, District Lucknow.
The aforesaid case has been registered on the basis of an F.I.R lodged on 30.07.2023, against 18 persons, including the applicant, who is a member of Oregon Educational Society and Hygia Group, and some unknown persons, alleging that embezzlement of amount meant for being distributed amongst students as post matriculation scholarship.
On the same allegation, the Directorate of Enforcement had registered under section 3 and 4 of Prevention of Money Laundering Act, 2002, Police Station Directorate of Enforcement.
Allahabad Sub-Zonal Office, Allahabad and the applicant has been granted interim anticipatory bail in the aforesaid case by means of an order dated 30.05.2023. The aforesaid order still continues to be enforced.
It is recorded in the order dated 30.05.2023 that the applicant is suffering from serious ailments, both his kidneys have been removed and he has undergone a kidney transplant. The applicant has also undergone-brain surgery. He has suffered from Type 2 diabetes, poly-cystic liver diseases, poly-cystic kidney diseases etc. This court had directed the Director, S.G.P.G.I to constitute a Board constituting a suitable expert of the relevant fields as per the medical papers submitted by the applicant and get him examined and submit a report regarding his medical condition.
The summary of report submitted by the Director, S.G.P.G.I, in furtherance of the order dated 30.05.2023 has been annexed to the affidavit filed in support of the anticipatory bail application and the Medical Board has found that the applicant is post retrieval post-renal transplant patient suffering from autosomal dominant polycystic kidney disease (ADPKD) that required bilateral nephrectomy. Since his renal transplant in 2015, he had a stable renal graft function. He takes multiple immunosuppressive medicines to maintain renal graft. He has a grossly enlarged liver with multiple cysts (due to his underlying disease of ADPKD) that produces recurrent abdominal pain. He also has a poorly controlled diabetes mellitus despite insulin injections. For adequate control of blood sugars, he requires diet control, exercise and close observation of his blood sugars. His recent report of elevated creatinine level of 1.55 mg/dl requires further evaluation of renal graft functions. Like every renal transplant patient, he needs close observation of renal graft function and he must follow lifestyle measures like social distancing, use of mask, maintenance of hygiene etc to prevent community acquired and opportunistic infections.
The applicant had filed an application for grant of anticipatory bail before the Session Court and by means of an order dated 14.07.2023, the Session Judge, Lucknow had granted interim anticipatory bail to the applicant after recording the submissions regarding ailments of the applicant and the report dated 26.06.2023 submitted by the Medical Board of S.G.P.G.I in furtherance of the order passed by the court.
However, the applicant’s anticipatory bail application has been rejected by the Session Court by means of an order dated 05.08.2023 for the reasons that the applicant is a named accused person and it is alleged that he is involved in embezzlement of amount meant for being distributed amongst students as post matriculation scholarship, which offence is of a serious nature and that the investigation is still going on. While rejecting the applicant’s anticipatory bail, the Session Court has not assigned any reason for taking a view other than the view taken by himself while passing the interim order dated 14.07.2023.
The Court noted that,
The Court had passed an order on 23.08.2023 granting interim anticipatory bail to the applicant.
The State has filed a counter affidavit wherein the facts stated regarding the medical condition of the applicant have not been disputed.
“Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the medical condition of the applicant has not been disputed as it has been certified by panel of expert doctors of SGPGI; that no violation of condition of interim anticipatory bail granted to the applicant has been pointed out in the counter affidavit, I am of the view that the interim order dated 23.08.2023 deserves to be made absolute”, the Court observed.
In view of the aforesaid circumstances, the interim order dated 23.08.2023 is hereby made absolute and the court allowed the application in terms of the aforesaid order.
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