Adish Kumar Sharma v State of Uttar Praesh Through C. B. I., Lucknow
Allahabad High Court
11 November 2013
Bail No. 5735 of 2013
The Order of the Court was as follows :
1. Heard learned counsel for the applicant, Mr. Bireshwar Nath, learned counsel for C.B.I. and perused the record.
2. This bail application has been preferred by the accused-applicant, Adish Kumar Sharma, who is involved in R.C. No. 0062010A0011, under Sections 120-B, 409, 466, 471ย I.P.C.ย & Sections 13(2) read with 13(1)(c) of theย Prevention of Corruption Act, 1988, P.S.- CBI/ACB, Lucknow, District-Lucknow.
3. The allegation against the applicant is that he was Godown In- charge block Hargaon at the relevant time and he has falsely shown issue of 476.40 quintal of wheat and 82.80 quintal of rice in the issue register of block Godown causing loss of subsidy to the Government to the tune of Rs.2,73,114.08. The supply Inspector Umesh Chandra had certified the bogus issue of foodgrains of BPL in the issue register.
4. Learned counsel for applicant has submitted that as per charge- sheet the allegation against the applicant is of criminal conspiracy only. He only released the foodgrains on the basis of verification made by Supply Inspector Umesh Chandra Shukla. Applicant is in jail since 23.5.2013 with no criminal record as alleged in paragraph nos. 3 and 38 of the affidavit filed in support of bail application. The charge-sheet has already been submitted. No useful purpose would be served in keeping the applicant in custody. Request for bail was made.
5. Mr. Bireshwar Nath, learned counsel for C.B.I. opposed the contention and submitted that involvement of the applicant is very serious in nature as without issuing any foodgrain he fraudulently showed it issued. The bail is opposed.
6. Considering the submissions made by both the parties and going through the record, without expressing any opinion on the merit of the case, I find it a fit case for bail.
7. Let applicant, Adish Kumar Sharma, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions.
That the applicant shall not tamper with the evidence.
That he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
8. In case of default of any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.
Order accordingly
