Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31199 of 2009 Petitioner :- Brahm Prakash Upadhyay Respondent :- State Of U.P. Petitioner Counsel :- Sarita Dubey,M.Islam Respondent Counsel :- Govt Advocate,G.S.Hajela Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and Sri G.S. Hajela, learned counsel
for the respondent.
The first bail application of the applicant was rejected by this Court on
17.9.2009. It is submitted by learned counsel for the applicant that in
paragraph 5 of the charge sheet filed along with Ist bail application, it is
specifically mentioned that the applicant’s company has fulfilled its export
obligation 34.93 % quantity wise and value wise 63.70% and it has been
found that the forged shipping bills attributed to Vipul Shah and Abdul
Qayyum alias Bababhai and Vipul Shah was acting as Agent of the applicant’s
company. It is further submitted that in paragraph 13 of the counter affidavit,
this fact has not been disputed. Lastly, it is submitted by learned counsel for
the applicant that only case against the applicant is under section 471 IPC,
which is a bailable offence and the applicant is in Jail for about 4 months and
he has suffered much.
Learned counsel for the respondent Sri G.S.Hajela, appearing for the
C.B.I.has submitted that the bail application of Vipul Shah was allowed on
different ground and bail application of the applicant was rejected after
considering merit of the case. There is allegation against the applicant that he
has submitted two forged shipping bills showing that goods mentioned herein
have been exported but in reality, no export was made.
The Civil Suit No. 242 of 2004 was filed in the Court of Civil Judge (Senior
Division), Moradabad. The applicant’s company has fulfilled export
obligation 34.93% quantity wise and 63.70% value wise and agent of the
company has been allowed bail and that forged shipping bills were attributing
to Vipul Shah and Abdul Qayyub alias Bababhai and in the counter affidavit
this fact has not been disputed.
Considering the entire facts of the case and that the applicant is in jail for the
last 4 months, the applicant is entitled to be released on bail.
Let the applicant Brahm Prakash Upadhyay involved in R.C. 3(E) /
2006/EOW-1, Case No. 2178 of 2008, under sections 468, 471, 420, 120-B
IPC,P.S. CBI/EOW-1/DLI be released on bail on his executing a personal
bond and furnishing two sureties each in the like amount to the satisfaction of
the court concerned subject to the following conditions:-1. The applicant shall
not indulge in any such activity in future. 2. The applicant shall not
pressurise/intimidate the prosecution witnesses and evidence during trial.
3.The applicant shall not leave the District/country without permission of
court concerned and he shall submit his passport before the court concerned.
In defiance of any of the aforesaid conditions, the court below will be at
liberty to cancel the bail of the applicant. Identity, status and residence proof
of the sureties be verified by the authorities concerned before they are
accepted.
Order Date :- 8.1.2010
SU.