Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28434 of 2018 Applicant :- Durga Dutt Pandey And 5 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arvind Kumar Mishra, learned counsel for the applicants, Sri Deepak Mishra learned A.G.A. appearing for the State and perused the record.
This bail application has been moved seeking bail in Case Crime No.208- I of 1997 under sections 420, 193, 120B IPC and Section 13(1)D, 13(2) of Prevention of Corruption Act, 1988 Police Station Bhatani, District Deoria, during the pendency of trial.
According to the prosecution version, the main allegation against the accused-applicant is for under weighing and non-payment of 573-40 quintal sugarcane at various purchase centres which caused loss to the State exchequer to the tune of Rs.31,537/-. The applicants were Cane Manager as well as Cane Clerk on different centres.
Learned counsel for the applicants has denied the allegations levelled against the applicants stating that no allegation was made by any farmer against the applicants regarding any irregularity in weighing and purchase of sugarcane and the report which has been submitted against them was prepared without giving them opportunity of hearing. This under-weighing of sugarcane came into notice only at the time of audit process when it was found in the consolidation register. The roles of the applicants are that of Supervisor and Cane Clerk, therefore, they were not responsible for any payment nor weighing process. Further it is argued that the General Manager Sri Nand Bihari Pal has already been granted bail by Special Judge, Anti-Corruption, Gorakhpur on 5.5.2009. The applicants are old and retired person having no blemish in their long career. In case the applicants are released on bail they will not misuse the liberty of bail.. They are in jail since 10.7.2018.
Learned A.G.A. opposed the prayer for bail.
Having perused the record. It is found that the matter relates to the year 1993-94 and after considerable delay the FIR was lodged against the accused persons who retired long back. 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 applicants are entitled to be released on bail in this case.
Let the applicants Durga Dutt Pandey, Suresh Yadav, Ashok Singh, Akhilesh Singh, Brahma Singh, Yogendra Prataap Rao involved in the aforesaid Case Crime be released on bail on their furnishing personal bonds with two sureties of Rs.1,00,000/- (out of which one should be a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants 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 applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 applicants 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 applicants 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 them in accordance with law.
(v) The applicants shall surrender their passport, if any, before the court concerned and shall furnish an undertaking not to leave the country until permission is obtained by them from this Court till the conclusion of the trial.
(vi) The trial court is directed to expedite the trial of the aforesaid case and conclude the same on day to day basis strictly in accordance with the provisions contained in Section 309 Cr.P.C within a further of of one year from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 AU