Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25040 of 2018 Applicant :- Ravendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Singh,Ashwini Kumar Awasthi,J.B. Singh,Manish Tiwary Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manish Tiwary, learned counsel for the applicant, Sri Jai Narain, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant states that one Deo Raj Singh has moved an application against the applicant and one another person Gajendra who was posted as Mandi Secretary at Krishi Mandi Samiti Dadri, district Gautam Budh Nagar with the allegations that both these persons have demanded bribe of Rs.50,000/- in respect of giving whole sale license in favour of Smt. Madhu Sharma. On the said application, the office of Prevention of Corruption Act formed a trap team. On 2.5.2018 the said team caught the applicant red-handed and Rs.50,000/- were recovered from the pocket of the applicant and after completing the formalities, FIR was lodged against the applicant. It is stated that the said Secretary has not been made an accused in the present case. The applicant has been falsely implicated by the trap team which was not in accordance with law. The applicant is in jail since 3.05.2018. He undertakes to cooperate in the trial.
Learned AGA 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 facts and circumstances of the case as well as the sentence awardable to the appellant, we are of the opinion that the applicant is entitled to be released on bail.
Let the applicant Ravendra Kumar, involved in Case Crime No.339 of 2018, u/s 7/13(1)(d) read with 13(2) Prevention of Corruption Act, P.S.Dadri, district Gautam Budh Nagar 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.
(v) The applicant shall surrender his passport, if any, before the trial court & 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.
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 period of eight months from the date of production of a certified copy of this order.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.11.2018 Gaurav