2016 ALL SCR (Cri) 1318


Kamlesh Singh @ Kamlesh Kumar Vs. State of U.P. & Anr.

Criminal Appeal No.1502 of 2015

4th November, 2015.

Petitioner Counsel: DR. KAILASH CHAND

Criminal P.C. (1973), S.439 - Bail - Charges against appellant under Prevention of Corruption Act as also under Ss.120B, 420, 468, 471 of IPC - Investigation complete and charge sheet also filed before jurisdictional court - Considering other similar cases, accused directed to be enlarged on bail if he deposits amount of loss allegedly caused to Govt. (i.e. Rs.3,88,800/-) and also furnishes bail bonds in the sum of Rs.50,000/- with two sureties in the like amount. (Para 2)


JUDGMENT :- Leave granted.

2. The High Court has declined anticipatory bail to the appellant who is being prosecuted for offences punishable under Sections 120-B, 420, 467, 468, 471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The investigation has since been completed and a chargesheet filed before the jurisdictional Court. Learned counsel for the appellant points out that in similar other cases this Court has directed the accused to deposit the amount of loss allegedly caused to the State and upon deposit of the same the accused has been protected against arrest pending trial. That position is not disputed by Mr. Maninder Singh, learned Additional Solicitor General appearing for the respondent-State. Under the circumstances, therefore, we direct that in case the appellant deposits a sum of Rs.3,88,800/- (Rupees Three Lakhs Eighty Eight Thousand Eight Hundred) representing the alleged loss caused by the appellant, within two weeks from today and also furnishes bail bonds in a sum of Rs.50,000/- (Rupees Fifty Thousand) to the satisfaction of the Trial Court with two sureties in the like amount, he shall stand enlarged on bail. The deposit shall be made before the Trial Court. The amount so deposited shall stand transferred to the State for being utlized towards National Rural Health Mission. The appellant shall however refrain from tampering with the evidence and shall cooperate with the Trial Court for an early completion of the trial.

3. The appeal is accordingly allowed and disposed off in the abovesaid terms.

Appeal allowed.