Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49334 of 2018 Applicant :- Bhrigunath Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Harsh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Manish Tiwary, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned AGA for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant was working as Sub Inspector in Uttar Pradesh Police and was posted at Police Station Gopiganj, district Sant Ravidas Nagar but has been dismissed from the service for the reason of his alleged involvement in corruption by which it has been illegally alleged therein that he had spent more than the amount which he has earned in his salary while working in that department. The allegations levelled against the applicant are false, frivolous and baseless. Before dismissal from service, no departmental proceeding has been conducted against the applicant. The sole basis of alleged involvement in the incident where the applicant was allegedly found in spending Rs.10,63,715/- more than that of his total income of Rs.12,83,199/- which FIR has been lodged with a clear ill-motive. The entire calculation made by the complainant in the FIR was without any evidence and self generated calculation as to harass the applicant. In his statement, he has clearly denied the content of the FIR. The I.O had filed charge sheet in the present case dated 24.2.2018 i.e. five year after the lodging of the FIR. The charge sheet amount which has been allegedly spend by the applicant has been shown to be Rs.9,45,251/- instead of Rs.10,63,715/- as stated in the FIR. The difference of the amount in the FIR and charge sheet shows that the complainant had deliberately given a wrong information against the applicant. The police personnel has not investigated the matter properly and filed charge sheet without inquiring the matter. applicant is not previous convict and there is no criminal history against him. The applicant is in jail since 28.2.2018.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, we are of the view that the applicant has made out a case for bail.
Let the applicant-Bhrigunath Mishra, involved in S.T. No.06 of 2018, arising out of case crime no.26 of 2013, and section 13 (1)E read with Section 13 (2)(d) of Prevention of Corruption Act, P.S. Chetganj, district Varanasi be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) 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 applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of one year from the date of production of certified copy of this order before the trial court, if there is no legal impediment.
The applicant is directed to produce the certified copy of this order before the trial court for it's compliance.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Gaurav