Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32178 of 2018 Applicant :- Mohd. Nurul Huda Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.C. Srivastava, learned counsel for the applicant, Sri Deepak Mishra, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant was posted as Clerk in the Office of Additional Director, Health and Family Welfare, Officer, Gorakhpur and has been falsely implicated in the present case with malafide intention. He further submits that the G.P.F. loan was sanctioned by the Additional Director, Health and Family Welfare, Officer, Gorakhpur on 31.5.2018 and file of the same was dispatched from the from the office of Additional Director, Gorakhpur to Deoria, hence, there was no question for the applicant to demand illegal gratification for sanction of G.P.F. loan from the complainant. He next argued that from perusal of the FIR it is evident that on 8.6.2018 an application was moved by the complainant and on 11.6.2018 in the proceedings of trap the applicant was caught-hold of. He further argued that prior to 11.6.2018, G.P.F. loan has already been transferred in the account of the complainant, hence, the allegation levelled against the applicant is absolutely, false, frivolous and baseless, the said fact has been mentioned in paragraph nos. 5 to 7 of the bail application. The applicant has no other reported criminal antecedent. The applicant is in jail since 11.6.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Mohd. Nurul Huda, involved in Case Crime No.496 of 2018, under Sections 7/13 (1) (d) and Section 13(2) of Prevention of Corruption Act, P.S. Kotwali District Deoria be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family members) 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 :- 24.8.2018 NS