Heard learned counsel for the applicant, Shri S.B. Pandey, learned Senior Advocate & Assistant Solicitor General assisted by Shri Kazim Ibrahim, Advocate for the C.B.I. and perused the record.
The present bail application has been filed by the applicant in Crime No.RC006 2019 A 0010 dated 26.05.2019, under Sections 120B IPC and Section 7 Prevention of Corruption Act, 1988, Police Station CBI, ACB, Lucknow.
In this case F.I.R. was lodged on the basis of an information received from the complainant Ashutosh Shukla vide letter dated 23.05.2019 to the effect a loan was sanctioned to the complainant under the scheme Prime Minister Mudra Yojana to the tune of Rs.5.00 Lakhs. Applicant being Branch Manager of the UCO Bank, Auraiya Branch, Auraiya demanded 5% of the total sanctioned amount which comes to the tune of Rs.25,000/- for disbursing the loan amount and made several phone calls for demand. It is submitted by learned counsel for the applicant that F.I.R. is false because during the investigation it has been revealed that maximum portion of the loan amount was already disbursed to the applicant in the month of July, 2018 itself and the complaint was made in the month of May, 2019. It is also submitted that when the trap was organized there was no recovery of money from the possession of the applicant, rather it was made from the co-accused.
Opposing the bail, learned Assistant Solicitor General has stated that during the course of investigation complicity of the applicant has been proved. It is also proved that co-accused Jai Chand from whom money was recovered during the trap is having shop behind the bank and on the instruction of the applicant he was given money.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Diwakar Verma) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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.
Order Date :- 29.8.2019 ML/-