Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8234 of 2021 Applicant :- Ashwani Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Chandan Sharma,Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and learned A.G.A. appearing for the State.
This is second bail application. The first bail application came to be rejected vide order dated 16.12.2020.
It is urged by learned counsel for the applicant that the changed circumstance in filing the instant bail application is that co-accused Pankaj Kumar was arrested alongwith the applicant and has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 20.09.2021.
It is urged that the alleged illegal gratification was recovered from the possession of the co-accused Pankaj Kumar; no recovery was made from the applicant. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 24.01.2020, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant, Ashwani Kumar, involved in Case Crime No. 0090 of 2020, under section 7/13, Prevention of Corruption Act, 1988 (as amended Act, 2018), Police Station Civil Lines, District Moradabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount 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 misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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 applicant is 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) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.10.2021 K.K. Maurya