Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29470 of 2018 Applicant :- Raj Kumar Samanta Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satish Trivedi, Senior Advocate assisted by Sri Prashant Kumar Tripathi, learned counsel for the applicant and Sri Gyan Prakash, learned counsel for the C.B.I. and perused the record.
Learned counsel for the applicant submitted that the four co- accused persons namely, Deepak Malhotra, Santosh Gupta, Smt. Gurcharan Kaur and Manoj Srivastava have already granted bail by this Court in Crl. Misc. Bail Application No. 26044 of 2018, 33379 of 2013, 6253 of 2013 and 14109 of 2013. It is further submitted that the applicant's case is identical to the case of said co-accused persons, hence he is also entitled for bail on the ground of parity, but he was arrested by the C.B.I. from Calcutta. He further states that the applicant undertakes to co-operate with the trial. The applicant is in jail since 19.3.2018.
Learned counsel for the C.B.I. has vehemently opposed the prayer for bail and submitted that the applicant absconded and thereafter arrested by C.B.I. from Calcutta on 19.3.2018.
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 appellant, we are of the opinion that the applicant is entitled to be released on bail.
Let the applicant Raj Kumar Samanta involved in Case Crime No. R.C. No. 1202010A0010 of 2010, Special Case No. 13B of 2012 & Special Case No. 11A of 2012, under Section 420, 467, 468, 471, 120-B IPC & Section 13(2) r/w 13(1)(d) Prevention of Corruption Act, 1988, P.S. C.B.I./A.C.B. Ghaziabad, District Ghaziabad, be released on bail on his furnishing personal bond of Rs. 5,00,000/- with two sureties (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 misuse 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.
(v) It is made clear that if the aforesaid applicant is having passport, he shall surrender the same before the trial court concerned before his release and further he will not leave the country without the permission of this Court.
The trial court is directed to conclude the trial as has been directed by this Court in Crl. Misc. Bail Application No. 26044 of 2018 (Deepak Malhotra Vs. C.B.I.) vide order dated 13.7.2018.
The applicant is directed to produce the certified copy of this order before the trial court for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 A.P. Pandey