Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11505 of 2015 Applicant :- Om Prakash 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 and Sri Gyan Prakash, learned counsel for the C.B.I.
Learned counsel for the applicant submitted that the applicant is said to have taken a loan of Rs. 14 lacks which is a fictitious one and all co-accused have been granted bail by this Court. He further submitted that the case of the applicant is identical to the co-acccused. He has no previous criminal history. The applicant is in jail since 21.1.2015.
Learned counsel for the CBI has opposed the prayer for bail but has not controverted 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 awardable to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the applicant Om Prakash involved in Case Crime No. RC No.120 of 2012 A 0003, under Section 420, 467, 468, 471 IPC and 120-B read with Section 420, 467, 468, 471 IPC and Section 13(2) rad with 13(1)(D) Prevention of Corruption Act, P.S. CBI ACB, District Ghaziabad be released on bail on his 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.
However, 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 period of one year from the date of production of a certified copy of this order.
Order Date :- 28.5.2018 Neeraj (Dinesh Kumar Singh-I, J). (Ramesh Sinha, J).