Allowed

Smt. Chanchal Rastogi v. C.B.I. A.C.B. Ghaziabad

Allahabad HC25 May 2018BAIL/21880/2017

Case brief

AI extract

What is this about?

The High Court, without expressing an opinion on the merits, granted bail to the applicant pending trial in a corruption cheating case, citing the falsity of allegations and parity with a co-accused, subject to strict attendance conditions and directed expedited trial within one year.

What did the court decide?

Release of applicant on bail by furnishing a personal bond of Rs. one lac with two sureties, subject to specific conditions of attendance and trial expedition.

Smt. Chanchal Rastogi Vs C.B.I. A.C.B. Ghaziabad — Corruption | Allahabad HC (2018)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21880 of 2017

¶3

Applicant :- Smt. Chanchal Rastogi Opposite Party :- C.B.I., A.C.B., Ghaziabad Counsel for Applicant :- Krishna Dev Mishra Counsel for Opposite Party :- Amit Misra

¶4

Hon'ble Ramesh Sinha,J. Hon'ble Karuna Nand Bajpayee,J.

¶5

This third bail application has been moved on behalf of the applicant seeking release on bail. The first and second bail applications were rejected by another Bench of which one of us (Karuna Nand Bajpayee,J.) was a member in non-prosecution on 21.11.2016 and 20.1.2017 respectively.

¶6

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

¶7

Learned counsel for the applicant submitted that the allegation of taking housing loan by the applicant is false and fictitious. It has been further submitted that identically situated co-accused namely Atul Kumar Maheshwari has already been granted bail by this Court vide order dated 9.4.2018 in Criminal Misc. Bail Application No. 14733 of 2015 and the case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity. Applicant has no previous criminal history. The applicant is languishing in jail since 19.3.2015. If she is released on bail, she would not misuse the liberty.

¶8

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

¶9

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 applicant, we are of the opinion that the applicant is entitled to be released on bail.

¶10

Let the applicant Smt. Chanchal Rastogi involved in Case Crime No. RC 120 2012 A 0003, u/ss 420, 467, 468, 471 & 120B IPC read with Section 420, 467, 468, 471 IPC & Section 13(2) read with 13(1)(d) of Prevention of Corruption Act,1988 P.S. C.B.I., A.C.B., Ghaziabad, District Ghaziabad be released on bail on her furnishing a personal bond of Rs. one lac with two sureties (one should be of her family members) to the satisfaction of the court concerned with the following conditions:-

¶11

(i) The applicant shall file an undertaking to the effect that she 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.

¶12

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

¶13

(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(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 her in accordance with law.

¶15

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.

¶16

(Karuna Nand Bajpayee,J.) ( Ramesh Sinha,J.)

¶17

Order Date :- 25.5.2018 CPP/-

Smt. Chanchal Rastogi v. C.B.I. A.C.B. Ghaziabad

Case brief

What is this about?

What did the court decide?

Smt. Chanchal Rastogi v. C.B.I. A.C.B. Ghaziabad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhola Nath Pandey Vs Sadhana Pandey

Nadeem Vs State of U.P. and Another

Mudassir and 6 Others Vs State of U.P. and Another

Kishan Lal Vs State of U.P. and another

Hausla Alias Chet Narain Maurya Vs State of U.P. and 3 Others

Rustam and 4 Others Vs State of U.P. and Another