Court No. - 28 Case :- BAIL No. - 6685 of 2009 Petitioner :- Ram Kishore Respondent :- The State C.B.I. Petitioner Counsel :- Atul Verma,Hari Krishna Verma Respondent Counsel :- Bireshwar Nath Hon'ble Shri Kant Tripathi,J.
Heard Sri Atul Verma, learned counsel for the applicant, Sri
Bireshwar Nath, learned counsel for the CBI and learned AGA and
perused the record.
The learned counsel for the applicant submitted that the applicant
is in jail in this case from 17.06.2003 and since then more than a
period of seven years have elapsed but the trial has not yet been
concluded. The applicant was an accused in Crime No. 19 of 2001
under sections 498-A, 304-B IPC and 3/4 of the Dowry Prohibition
Act, P.S. Itiyathok, District Gonda and was in jail in that case. A
fake bail order was provided by one Sanwal Prasad Mishra to the
father of the applicant on which basis the applicant was released in
the aforesaid case. It was further submitted that no doubt that the
applicant was the beneficiary of the fake bail order but there is no
evidence in any way that the applicant was involved in
manufacturing the same specially when he was in jail during that
period. It was next submitted that the allegations what-so-ever
were made against Sanwal Prasad Mishra, who has already been
bailed out and the father of the applicant, who has died. The
learned counsel for the applicant further contended that in the
entire charge sheet there is no allegation that the applicant even
knew that the bail order was fake. If someone else provided the
bail order and the applicant’s pairokar believed the same to be
genuine and acted thereon, the applicant cannot be held
responsible for that act.
There does not appear to be any reasonable ground to believe that
the applicant will tamper with the witnesses or abscond, if released
on bail.
Keeping in view the nature of the offence, evidence, complicity of
the accused, the severity of the punishment and submissions of the
learned counsel for the applicant and the learned AGA, I am of the
view that the applicant has made out a case for bail.
Let the applicant Ram Kishore involved in Case Crime No. 92 of
2008, R.C. No. 11(S)/2005-C.B.I., under sections 419, 420, 467,
468 and 471 IPC, P.S. CBI, District Lucknow be released on bail
on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned and also subject
to the following conditions:
(a) the applicant will continue to attend the court concerned on the
date fixed.
(b) the applicant will not tamper with the witnesses.
(c) the applicant will not indulge in any illegal activities during the
period of bail.
In case of breach of any of the above three conditions, the trial
court will be at liberty to cancel the bail.
Order Date :- 13.7.2010
shailesh