Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41425 of 2018 Applicant :- Yogesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Jeet Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Chandra Jeet Yadav, learned counsel for the applicant, Sri G.P.Singh, learned A.G.A. appearing for the State and perused the record. It has been contended by the learned counsel for the applicant that the applicant was posted as Junior Engineer in the Electricity Distribution Division, Sambhal, Sub Division Mahmoodpur Mafi, District Sambhal at the relevant point of time and has been falsely implicated in the present case with malafide intention. He further submits that the applicant was arrested on 19.1.2018 from District Sambhal by the pre-Trap team constituted by the authorities of District Moradabad in presence of the independent witness by taking bribe of Rs.50,000/-. He next argued that since the applicant was already transferred from Electric Distribution Division, Sambhal District Sambhal to the office of Managing Director, Paschimanchal Vidyut Vitran Nigam Ltd. Victoria Park, Meerut vide order dated 13.1.2018 passed by Managing Director Paschimanchal Vidyut Vitran Nigam Ltd. Victoria Park Meerut, it is evident beyond reasonable doubt that the applicant was neither posted as public servant in territorial jurisdiction of District Sambhal or District Moradabad on 18/19.1. 2018 as Junior Engineer nor can be termed as 'expecting to be a public servant' in view of Section 7 of the Prevention of Corruption Act with respect to the alleged incident. The allegations levelled against the applicant is absolutely false, frivolous and baseless. The applicant undertakes to co- operate with the trial of the case. The applicant is in jail since 19.1.2018.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering 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-Yogesh Kumar involved in Case Crime No.11 of 2018, under Section 7, 13(1) (d) & 13(2) of the Prevention of Corruption Act, 1988, Police Station-Mainather, District Moradabad be released on bail on his furnishing a personal bond of Rs.one lac 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 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.10.2018/NS