Allowed

Atul Kumar Maheshwari v. State of U.P. and Another

Allahabad HC9 Apr 2018BAIL/14733/2015

Case brief

AI extract

What is this about?

Application for bail granted to Atul Kumar Maheshwari charged with offences under IPC and Anti Corruption Act. Bail granted with conditions including furnishing bond and undertaking not to seek adjournments.

What did the court decide?

Applicant released on bail on furnishing personal bond with two heavy sureties of Rs. one lakh along with specific conditions and direction to expedite trial.

Atul Kumar Maheshwari Vs State of U.P. and Another — Corruption | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14733 of 2015

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Applicant :- Atul Kumar Maheshwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Singh Khokher,A.C.Srivastava,Gopal Swarup Chaturvedi,N.K. Saxena,Rajesh Kumar Dubey Counsel for Opposite Party :- Govt. Advocate,Amit Mishra,Gyan Prakash

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Heard Shri Krishna Dev Mishra, learned counsel appearing on behalf of the applicant and Sri Gyan Prakash, learned counsel for the C.B.I.

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Learned counsel for the applicant submitted that the identically situated co-accused persons namely Sheetal Sheota, Amit Payal, Smt. Kavita Kapoor, Komal Agarwal @ Arun Kumar and Smt. Sunita have already been granted bail by the court concerned and bail order of one of the co-accused has been supplied today before this Court, the same is also taken on record, hence, the applicant is liable to be released on bail on the ground of parity. The present applicant was only borrower, who had taken Rs. 12,00,000/- from the Bank. Statements of only three prosecution's witnesses have been recorded by the trial court out of eighty three witnesses. Applicant has no previous criminal history. The applicant is languishing in jail since 1.11.2014. If he is released on bail, he would not misuse the liberty.

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Learned counsel for the C.B.I. has opposed the prayer for bail.

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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.

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Let the applicant Atul Kumar Maheshwari involved in Case Crime No. RC 120 2012 A 0003, u/s 420, 467, 468, 471 & 120B IPC readwith Section 420, 467, 468, 471 IPC & Section 13(2) readwith 13(1) of Anti Corruption Act, P.S. C.B.I., A.C.B., Ghaziabad, District Ghaziabad be released on bail on his furnishing personal bond with two heavy sureties of Rs. one lakh (one should a family member) to the satisfaction of the

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court concerned with the following conditions:-

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(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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case ofhis absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants 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.

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(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.

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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 one year from the date of production of a certified copy of this order.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 9.4.2018 A.P. Pandey

Atul Kumar Maheshwari v. State of U.P. and Another

Case brief

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Atul Kumar Maheshwari v. State of U.P. and Another

Case brief

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