Court No. - 1
Case :- CRIMINAL MISC. II BAIL APPLICATION No. - 29215 of 2019 Applicant :- Pramod Chandra Gupta @ P.C. Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vishwajeet Singh and Sri Abhishek Tripathi, learned counsel for the applicant, Sri Mohd. Nadeem, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
The first bail application of the applicant was rejected by this Court on 22.11.2018. This is the second bail application.
The new ground which has been argued by the learned counsel for the applicant is that initially the FIR was lodged for the offence under Sections 420, 467, 468, 471, 120-B IPC and Sections 13(1)(c), 13 (1)(d) and 13 (2) of Prevention of Corruption Act and now charges under Sections 420, 120B IPC read with Section 13(2) of Prevention of Corruption Act have been framed. It is further submitted that the applicant is in jail since 23.6.2018 i.e. for last 15 months and the court of Special Judge, Anti Corruption is lying vacant since 23.7.2019.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and submitted that applicant being a public servant has misused his official position with a view to reaching benefits to close relatives and officials who have been duly benefited hugely at the cost of State Exchequer as well as having caused loss to the Authority and hence this Court has rejected his first bail application by detailed order dated 22.11.2018.
On a query being made from the Registry of this Court regarding the Court of Special Judge, Anti Corruption lying vacant it has been informed that the process to fill up the vacancy is underway and very soon the appointment of Special Judge would be made.
Without expressing any opinion on the merits of the case and considering the submission advanced as well as the nature of accusation and gravity of the offence which would fall in the category of financial scam which is a sort of organized crime, we find no good ground for grant of bail to the applicant Pramod Chand Gupta @ P.C. Gupta involved in Case Crime No. 421 of 2018 under Sections 420, 120-B IPC and Sectioin 13(2)Prevention of Corruption Act, police station Kasna, District Gautam Budh Nagar.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.9.2019/Deepika