Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20451 of 2019 Applicant :- Sushil Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Singh,Sr. Adv. Shri Ashok Mehta Counsel for Opposite Party :- G.A.,Gyan Prakash
Hon'ble Ramesh Sinha,J.
Counter affidavit filed on behalf of CBI today in Court, which is taken on record.
Heard Sri Ashok Mehta, learned Senior Advocate assisted by Sri Pradeep Singh, learned counsel for the applicant, Sri A.R. Chaurasiys, learned A.G.A for the State, Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sanjay Kumar Yadav, learned counsel for CBI and perused the record.
It has been argued by learned counsel for the applicant that applicant is a compounder cum store keeper in Cantonment General Hospital, Meerut and he is stated to have been involved in the present case along with co-accused Dr. Aradhna Pathak and Rohit Kaushal who have been granted bail by this Court vide order dated 30.05.2019 in Criminal Misc. Bail Application Nos. 16107 of 2019 and 16063 of 2019. The allegation levelled against the applicant was not specific except general allegation that during 2001-2015 Cantonment General Hospital, Meerut procure medicine illegally and the conditions of the tender form was neither supplied nor applied. He has further pointed out that one of the co-accused, Mohd. Ali Zafar has filed an S.L.P. No. (Crl. 4029 of 2019) before the Apex Court regarding the same issue which is subjudice before the Apex court and coercive action has been stayed against the said accused in the present case. Copy of the same has been annexed as Annexure No. SA-2 to the supplementary affidavit. The applicant is in jail since 16.03.2019.
Learned counsel for the CBI vehemently opposed the prayer for bail and submitted that the applicant was a medicine store in- charge of the said hospital for the period of 2011-2015, all medicines were in his custody and during the investigation the medicines were found in the medicine shop in the said hospital and though full payment was made but the quantity of medicines supplied were found short which were received by the applicant. He was responsible to maintain medicine stock books of Cantonment General Hospital and irregularities were committed by the applicant in maintaining the stock of medicines of the said hospital.
Without expressing any opinion on merits of the case and considering the nature of accusation and the severity of punishment in case of conviction, the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Sushil Kumar involved in Case Crime No. RC-120-2016-A-0003 arising out of Special Case No. 02 of 2019 under Sections 120-B IPC (409, 420, 468, 471 and 477-A) IPC r/w 13 (2) and 13 (1) (d) of Prevention of Corruption Act, 1988, Police Station CBI ACB, Ghaziabad District Ghaziabad be released on bail on his furnishing a personal bond of Rs. 1,00,000/- with two sureties (one should be of his family member) each in the like amount 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 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.
(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 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.
(v) The applicant shall surrender his passport, if any, before the Court concerned and 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.
Order Date :- 31.5.2019 Rohit