Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12310 of 2015 Applicant :- Neetu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- Govt.Advocate,Amit Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohammad Khalid, learned counsel for the applicant, Sri Gyan Prakash, learned counsel for the C.B.I.
It has been contended by learned counsel for the applicant that the present applicant has taken loan of Rs. 13,00,000/- (thirteen lacs) from the bank and further stated that co-accused Pramod Kumar, Saurabh Kumar Gupta and Smt. Satto Devi have already been granted bail by this Court vide order dated 19.04.2018, 12.04.2018 and 28.05.2018 respectively and the case of present applicant is identical, hence she is also entitled for bail on the ground of parity. The applicant is in jail since 21.11.2014 and further undertakes to cooperate with the trial.
Learned A.G.A. opposed the prayer for bail but could not controvert the aforesaid facts.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the applicant, we are of the opinion that the applicant is entitled to be released on bail.
Let the applicant, Neetu involved in Case Crime No. RC No. 120 2012 A 0003, under Sections 420, 467, 468, 471 and 120-B IPC read with Sections 420, 467, 468 and 471 I.P.C. and under Section 13(2) read with Section 13(1)(D) Prevention of Corruption Act, P.S. CBI, A.C.B. District Ghaziabad be released on bail on her furnishing personal bond of Rs. one lakh with two sureties of (out of which one should 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 applicant misuses 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha,J.) Order Date :- 31.5.2018 A. Mandhani