The case has been taken through video conferencing facility.
Heard learned counsel for the applicant as well as learned counsel for C.B.I. and perused the record.
The present application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in Court Case No.16 of 2013, Crime No.RC-0062012A0023 dated 31.10.2012, under Sections 120-B read with 420, 467, 468, 471 I.P.C. & Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, Police Station CBI/ACB, Lucknow.
The accused has been in jail since 15.08.2013, almost 7-1/2 years under trial period.
As per report from the trial court dated 10.12.2019, 46 witnesses have already been examined, however, in the charge sheet there are 95 witnesses. The cognizance was taken on 18.12.2013 and the charges were framed on 29.09.2014. For the last seven years, the trial has not been concluded and in the meantime three co-accused have been granted bail by this Court. Their bail orders have been annexed to the rejoinder affidavit. The accused applicant has criminal history of five cases and two of which are of similar nature.
Learned counsel for the applicant submits that since the accused applicant has been in jail since 15.08.2013 and three co-accused have been granted bail by this Court and the fact that five cases, which are registered against the applicant, he is on bail, it would be appropriate to enlarge the applicant on bail.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Considering the aforesaid fact and parity with other co-accused, who have been granted by this Court, it would be appropriate to enlarge him on bail. The bail application is, thus, allowed.
Let accused-applicant Rakesh Kumar Mishra @ Ladoo Baba be released on bail in the aforesaid case on his furnishing a personal bond of Rs.2 lacs and two sureties in the like amount to the satisfaction of the Trial Court on being summoned with the following conditions :-
(i) The applicant shall not commit any offence in future and if it is reported that he has committed any other offence, this order releasing him on bail shall be cancelled forthwith on an application by the prosecution.
(ii) The applicant shall file an undertaking to the effect that she 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.
(iii) 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.
(iv) 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.
(v) 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.
Order Date :- 8.4.2021 Anand Sri./-