Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27808 of 2018 Applicant :- Devi Ram Arya Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Ram Prakash Dwivedi,Shiv Sagar Singh Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Prakash Dwivedi and Sri Shiv Sagar Singh, learned counsel for the applicant, Sri Gyan Prakash, learned counsel for the C.B.I. 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. It is submitted by learned counsel for the applicant that the case of the applicant is identical to the case of co-accused Rajeev Kumar, Ram Dutt Sharma, Rajesh Kumar Sharma, Sushil Kumar Agarwal who have already been granted bail by this Court on 16.5.2018 in Criminal Misc. Bail Application Nos.15309 of 2018, 41902 of 2017, 376 of 2018 and 384 of 2018 and the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 2.9.2016.
Learned counsel for the C.B.I 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-Devi Ram Arya, involved in Special Case No. 10 of 2016 arising out of RC/DST/2015/A/0004/CBI/STF/DLI dated 30.7.2015 under sections 120B r/w 420, 468, 471 IPC and section 13 (2) read with Section 13 (1)(d) of PC Act, 1988 and substantive offences u/s 420, 468, 471 IPC and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, P.S. CBI/STF, New Delhi 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Gaurav