Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54636 of 2021 Applicant :- Yatendra Kumar Sharma Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Tejas Singh,Ajay Kumar Singh Counsel for Opposite Party :- Sanjay Kumar Yadav
Hon'ble Rahul Chaturvedi,J.
Heard Sri Anurag Khanna, learned Senior Counsel assisted by Sri Tejas Singh, learned counsel for the applicant, Sri Gyan Prakash, learned Senior Counsel assisted by Sri Snajay Kumar Yadav, learned counsel for the CBI as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.RC1202018A0005, under Sections 120B, 420, 467, 468, 471, 477A IPC, and Section 13(2) read with Section 13(1)(D) Prevention of Corruption Act and Section 420 IPC, Police Station-CBI/ACB/GZB, District-Ghaziabad is seeking enlargement on bail during the trial.
Contention raised by the counsel for the applicant is that the main accused of this FIR is Devendra Singh Adhikari who was working as Assistant in Oriental Insurance Company, he has siphoned the considerable amount during 09.06.2014 to 12.01.2016. The applicant being mere friend of the main culprit also lend his name and bank account for siphoning and parking the ill gotten money of the main accused and out of sheer trust the applicant has lend his account number in which the amount was deposited. During this period there was 22 transactions were made in the account of Yatendra Kumar Sharma but by the end of the day the entire amount was taken out and deposited to the concerned Insurance Company account's. The case of the main accused Devendra Singh Adhikari is distinguishable from the applicant. The applicant is languishing in jail since 15.11.2021.
Sri Sanjay Kumar Yadav, learned counsel for the CBI opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant. It is true that the applicant is only a facilitator to the main accused-D.S. Adhikari but fact remains there was no ill motive on the part of the applicant to digest the amount.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant-Yatendra Kumar Sharma, be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPLICANT/APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE/THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES IS/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/APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER/THEIR COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIS/HER/THEIR UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT/APPLICANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT/APPLICANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIS/HER/THEIR, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT/APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT/APPLICANTS IS/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 HIS/HER/THEIR IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT/APPLICANTS.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the applicant/applicants to be released on bail forthwith. Needless to mention that these additional conditions are imposed to cope with emergent condition-:
1. The applicant/applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is/are restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.12.2021 Abhishek Sri.