Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32831 of 2016 Applicant :- Ramakant Dixit Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri Manish Tiwary, learned counsel appearing on behalf of the applicant, Sri Ashish Pandey, learned A.G.A. for the State.
Learned counsel for the applicant submitted that this is a case of disproportionate asset and the applicant is aged about 68 years. He further submitted that the total amount in question is stated to be of Rs. 6,98,000/- and the petitioner's arrest was stayed during course of investigation. The next submission made by learned counsel for the applicant is that five prosecution witnesses have been examined in trial. The applicant is languishing in jail since 29.06.2016, hence, the applicant undertakes to cooperate with the trial.
Learned counsel for the C.B.I. opposed the bail but could not controvert 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 Ramakant Dixit involved in Case Crime No. 958 of 2005, under Section 13(1)(e) & 13(2)(d) of Prevention of Corruption Act, P.S. Pipri, District Sonbhadra 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 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.
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 six months from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 A. Mandhani