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2017 DIGILAW 330 (ALL)

Mahendra Kumar Pandey v. Cbi/Stf/New Delhi

2017-01-24

ARUN TANDON

body2017
JUDGMENT Arun Tandon,J. This bail application has been filed under Section 439 Cr.P.C. The appellant is facing trial in Special Case No. 21 of 2016 (State vs. Anant Kumar Mishra & Others) under Sections 120-B read with Section 420 IPC and Section 13(2) read with Section 13(1)(d) Prevention of Corruption Act, 1988 and Substantive Offences U/s 420 IPC, FIR No. RC/DST/2012/A/0006, Police Station CBI/STF/ New Delhi. The applicant in response to the summon issued in the aforesaid case surrendered and made a bail application before the Special Judge, C.B.I., Ghaziabad, being Bail Application No. 6348 of 2016 in Special Case No. 21 of 2016 Mahendra Kumar Pandey vs. C.B.I. This bail application was rejected by the learned Special Judge under the order dated 17.12.2016. It is contended before this Court that from a reading of the material on record as well as order passed by the learned Special Judge it is apparent that the only allegation made against the accused is of active participation in all the acts of Babu Singh Kushwaha, Anant Kumar Mishra, Pradeep Shukla along with one Raees Alam Siddiqui in the matter of acceptance of bribe for placement of doctors at suitable place so that they may order for supply of medicines to the chosen few. According to the prosecution for the purpose huge amount of money had been collected illegally towards payment of illegal gratification. It is further submitted that as noticed in the order dated 17.12.2016 qua there being likelihood of influencing the witnesses and tampering with the evidence by the accused, if he is released on bail, is totally without any material on record. Lastly it is pointed out that other co-accused namely Raees Alam Siddiqui has already been granted bail by the Apex Court vide order dated 09.01.2017. The applicant, therefore, claims parity with co-accused Raees Alam Siddiqui @ Guddu Khan. I have considered the order passed by the Apex Court as well as recital contained in the order of the Court below while rejecting the bail application as well as other material on record. Having regard to the fact that Raees Alam Siddiqui @ Guddu Khan has been granted bail by the Apex Court on certain terms and conditions in the same case, I deem it fit and proper to enlarge the applicant also on bail on same terms and conditions. Having regard to the fact that Raees Alam Siddiqui @ Guddu Khan has been granted bail by the Apex Court on certain terms and conditions in the same case, I deem it fit and proper to enlarge the applicant also on bail on same terms and conditions. It is, therefore, directed that the applicant would furnish bail bonds for a sum of Rs. 2,00,000/-( Rupees Two Lacs) with two sureties in the like amount and shall also deposit a sum of Rs. 20,00,000/- (Rupees Twenty Lacs) with the Court below. On satisfaction of the aforesaid conditions, the applicant Mahendra Kumar Pandey shall be released on bail in Special Case No. 21 of 2016 (State vs. Anant Kumar Mishra & Others) under Sections 120-B read with Section 420 IPC and Section 13(2) read with Section 13(1)(d) Prevention of Corruption Act, 1988 and Substantive Offences U/s 420 IPC, FIR No. RC/DST/2012/A/0006, Police Station CBI/STF/ New Delhi pending trial. The applicant shall refrain from tampering with the evidence or adopting any dilatory tactics in trial. Let the process be completed within two weeks. The amount so deposited by the applicant shall be transferred to the State Government for being utilized in National Rural Health Mission of the Government. This application is allowed.