Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12466 of 2018 Applicant :- Bhagwat Sagar Ojha Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Rajiv Lochan Shukla,Adarsh Bhushan Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Harsh Kumar,J.
Heard Sri Adarsh Bhushan, learned counsel for the applicant and Sri Gyan Prakash, learned counsel for the CBI.
Pleadings between the parties have been exchanged.
The first bail application of the applicant was rejected by this Court vide order dated 19.09.2017 passed in Criminal Misc. Bail Application No. 40120 of 2016. This is a second bail application on behalf of the applicant.
It has been been submitted by the applicant that the father of the applicant inherited gold and other properties from his aunt. The father of the applicant vide gift deed dated 12.07.2003 gave 18 kg gold to the applicant and only because the said gift deed was not been registered cannot be said to be invalid document in view of Section 123 of the Transfer of Property Act.
He states that the CBI also did not interrogate his father whether the gift which was executed by him in favour of the petitioner or not. He further pointed out that in pursuance of order passed by this Court charges have also been framed by the trial court, and the charge sheet has been submitted against the applicant and the present gift deed is a registered document and is not a forged document.
Learned counsel for the CBI opposed the prayer for bail and submitted that the first bail application was rejected by this Court on 19.09.2017 by a detailed order. He contended that alleged gift dated 12.07.2003 gifting around 80 kgs. of gold to applicant is a forged, fictitious and ante-dated document having been fabricated on a deficiently stamped paper. The applicant alleges that all immovable properties were given by his father to applicant's elder brother, who is posted as Lecturer at Allahabad but the above gift deed does not find any such description rather states that his elder brother has no objection to gift of gold to applicant and yet does not bear the signatures of his elder brother as a token of alleged consent. He has submitted that the trial is in progress.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Bhagwat Sagar Ojha involved in Case Crime No. 37 of 2015, under Sections 120-B, 109, 465, 467 IPC and Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, P.S.- C.B.I/S.P.E., District- Dehradoon.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a further period of eight months from the date of production of a certified copy of this order.
Order Date :- 30.11.2018 M. ARIF .
(Harsh Kumar,J.) (Ramesh Sinha, J.)