Heard Shri G.S. Chaturvedi, learned Senior Advocate assisted by Shri Anurag Shukla, learned counsel appearing for the applicant, Shri Gyan Prakash, learned Senior Advocate assisted by Shri Sanjay Kumar Yadav, learned counsel appearing for the C.B.I. as well as learned A.G.A for the State and perused the record.
It is submitted by learned senior counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Initially, he was not shown as an accused in the F.I.R.. No charge sheet was submitted against the applicant at initial stage and he was shown as witness in the said charge sheet. Subsequently, a supplementary charge sheet was submitted against the applicant showing him as an accused in the present matter. Referring to the entire documents annexed with the application, it is further submitted that applicant has been terminated from the service in the year, 2014. He is aged about 62 years. There was no fraudulent act on part of the applicant. Entire allegations levelled in the charged sheet are false and are not based on any credible evidence. It is further submitted that offences levelled in the matter are not attracted against the applicant. It is further submitted that applicant be enlarged on bail directing the court below to conclude the trial expeditiously. The applicant has no criminal history. He is languishing in jail since 05.02.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned Senior Advocate as well as learned AGA opposing the prayer for bail argued that a prima facie case is made out against the applicant. At this juncture, learned senior advocate referred to the conclusion drawn in the charge sheet by the Investigating Officer concerned and further argued that huge loan amount was sanctioned by the applicant without fulfilling the legal formalities and due to that reason, a loss of amounting rupees 13.40 crores occurred to the bank concerned. Applicant was posted at that time as A.G.M. and applicant was responsible for the sanctioning of loan. Applicant cannot be enlarged on bail in this matter on the basis of period of detention.
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 the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kishor Bhattacharyaji @ Kishor Bhattacharya involved in Case Crime No. RC-219-2017-E-0005(5(E)/2017/DLI), under Sections 420, 467, 468, 471, 120-B IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, P.S. C.B.I. EO-I, New Delhi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The applicant shall deposit his passport with the trial court within two weeks from his release from prison and if he has no passport, he will swear to it on affidavit within the same period and shall not leave the country without prior permission of the court concerned.
7. Trial court is directed to conclude the trial within a period of six months from the date of production of certified copy of the order.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.2.2021 Sanjeet