Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25660 of 2018 Applicant :- Amit Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chetan Chatterjee,Dileep Kumar,Rajrshi Gupta,Vinayak Mithal Counsel for Opposite Party :- G.A.,Gyan Prakash,Pragya Prakash Rai
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri Rajrshi Gupta and Sri Vinayak Mithal, learned counsel appearing on behalf of the applicant, Sri Gyan Prakash, learned counsel for the C.B.I. and Sri Jai Narayan, learned A.G.A. for the State.
Learned counsel for the applicant submitted that the first bail application of the applicant was rejected by Hon'ble Naheed Ara Moonis, J. on 19.07.2017. This is second Bail Application and the same has been nominated to this Bench presided by one of us (Ramesh Sinha,J.) by the order of Hon'ble Senior Judge vide order dated 31.10.2018 hence the same is listed in the cause list today.
Learned counsel for the applicant stated that applicant is owner of the factory in which sum of employees of provident fund, gratuity, E.P.F. etc. was embezzled to the tune of Rs. 1,81,000/-; all the bank officials have already been enlarged on bail by this Court, the copies of which are annexed at annexure Nos. 9, 10, 11. The applicant is languishing in jail since 04.04.2017, the applicant undertakes to cooperate with the trial.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awardable to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the applicant Amit Kumar Gupta involved in R.C. No. 1202015A0003, under Sections 120-B, 420, 467, 468 and 471 IPC read with Sections 13(2) and 13(1)(d) of Prevention of Corruption Act, P.S. C.B.I./A.C.B., District Ghaziabad be released on bail on his furnishing personal bond of Rs. one lakh with two sureties of (out of which one should a family member) to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) It is made clear that if the aforesaid applicant is having passport, he shall surrender the same before the trial court concerned before his release and further he will not leave the country without the permission of this Court.
The trial may be concluded as has been ordered by this Court on 12.04.2018 in Criminal Misc. Bail Application No. 5618 of 2017.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 27.11.2018 A. Mandhani