Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26440 of 2018 Applicant :- Pankaj Kumar Gupta Opposite Party :- C.B.I.
Counsel for Applicant :- Vivek Kumar Tiwari Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J.
Hon'ble Karuna Nand Bajpayee,J.
Counter-affidavit has been filed by learned counsel for the C.B.I. today in court which is taken on record.
This second bail application has been nominated to this Bench by Hon'ble Chief Justice vide order dated 02.08.2018.
The first bail application being Crl. Misc. Bail Application No. 16554 of 2015 moved on behalf of the applicant was rejected by one of us (Karuna Nand Bajpayee,J.) vide order dated 21.11.2016, for want of prosecution.
Heard Sri Vivek Kumar Tiwari, learned counsel for the applicant and Sri Gyan Prakash, learned counsel for the C.B.I.
It has been contended by learned counsel for the applicant that the co-accused Om Prakash and Smt. Satto Devi have been granted bail by this Court vide orders dated 28.05.2018 and 28.05.2018 in Criminal Misc. Bail Application Nos. 11505 of 2015 and 11788 of 2015 respectively and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 01.11.2014.
Learned counsel for the C.B.I. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the 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 tempering 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 Pankaj Kumar Gupta involved in Case Crime No.
R.C. 120 of 2012 A0003 under Sections 420, 467, 468, 471, 120-B I.P.C. and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, Police Station C.B.I., A.C.B., District Ghaziabad 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 Court concerned & 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.
The trial Court is further directed to expedite the trial of the present case and conclude the same on day to day basis, expeditiously, strictly in compliance of Section 309 Cr.P.C. as has been ordered by this Court on 28.05.2018 in Criminal Misc. Bail Application No. 11505 of 2015 (Om Prakash Vs. State of U.P. and another), if there is no legal impediment.
(Karuna Nand Bajpayee, J.) (Ramesh Sinha, J.) Order Date :- 7.9.2018 Ashok Gupta