Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17373 of 2019 Applicant :- Sh. Kulbhushan Singh Nim @ Sh. Kbs Nim Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Saran Counsel for Opposite Party :- G.A.,Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Second Bail Application No.17373 of 2019.
Heard Sri Vinay Saran, learned counsel for the applicant, Sri Gyan Prakash, learned counsel for CBI, Sri G.P. Singh, learned Brief Holder. for the State and perused the lower court record.
This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected on 8.10.2018 but on the ground of his ailment that he is suffering from prostate cancer, the court granted six months parole and a modification application thereafter was moved by which further extension was allowed for a period of six months and he surrendered on 3.5.2018 but it was observed in the said order that no further extension application on the medical ground would be entertained on behalf of the applicant or his wife but against the said order, the applicant had preferred S.L.P. before the Apex Court and the Apex Court has granted indulgence to the applicant to get the matter decided afresh after surrendering before the court, copy of the order of Apex Court is on page-52. Learned counsel for the applicant states that the applicant still suffers from the said ailment, hence he may be allowed bail on the ground of his ailment as the applicant was granted parole twice on the ground of ailment of prostate cancer which has already been operated.
The learned counsel for the C.B.I. has vehemently opposed the prayer for bail, but could not dispute the fact that case is still under investigation by CBI which will take some more time to conclude the investigation and has not been able to point out any cogent evidence against the applicant for his involvement in the present case.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awardable to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the applicant Kulbhushan Singh Nim alias KBS Nim involved in Special Case No.3 of 2015 and Criminal Case No.7 of 2015, under sections 120-B, 420, 467, 468, 471, 201 IPC and under section 13(1) (d) 13(2) of Prevetion and Corruption Act arising out RC No.1202012A0005, P.S. CBI ACB, District Ghaziabad be released on bail on his furnishing personal bond with two heavy sureties of Rs. Rs.1,00,000/- (out of which one should be a family member) 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 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 applicant 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 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 applicants are 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 within a period of eight weeks from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.5.2019 AU