Virender Kumar Yadav
Vs. C.B.I.  INSC 1101 (15 May 2009)
JURISDICTION CRIMINAL APPEAL NO. 1087 OF 2009 (Arising out of SLP (Criminal)
No.2699 of 2009 Virender Kumar Yadav ...Appellant(s) Versus C.B.I.
...Respondent(s) ORDER Leave granted.
Challenge in this
appeal is to the order dated 18th March, 2003 passed by the High Court of
Judicature at Allahabad in Criminal Miscellaneous (Second) Bail Application
No.31397 pf 2008. By the impugned order the High Court has rejected the Second
Bail Application preferred by the appellant, who is facing trial for offences
punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code
as also under the provisions of the Prevention of Corruption Act.
We have heard learned
counsel for the appellant.
It is submitted by
learned senior counsel appearing on behalf of the appellant that the appellant
is in custody since 14th September, 2007 and that after the filing of the
charge sheet on 19th April, 2007 there has been no progress in the trial.
Learned counsel has also pointed out
that one of the
co-accused, namely, Rajender Singh, Assistant Manager of the Bank has already
been granted bail vide order dated 7th January, 2008. Learned senior counsel
appearing on behalf of the C.B.I., on the other hand, submits that the charges
against the appellant being serious involving embezzlement of crores of rupees,
the appeal deserves to be dismissed.
Having regard to the
facts and circumstances of the case and bearing in mind the fact that after the
filing of charge sheet on 19th April, 2007, there has been no progress in the
trial, we are of the opinion that it is a fit case where the benefit of bail
deserves to be extended to the appellant.
appeal is allowed; the impugned order is set aside and it is directed that the
appellant shall be admitted to bail on his furnishing a personal bond in the
sum of Rs.50,000/- (Rupees fifty thousands only) with two sureties in the like
amount to the satisfaction of the trial court.
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