Court No.

- 10

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3254

of 2015

Applicant :- Ram Prasad Jaiswal

Opposite Party :- C.B.I. And Another
Counsel for Applicant :- Ajatshatru Pandey,Gopal S.
Chaturvedi,Harshita Raghuvanshi
Counsel for Opposite Party :- Govt. Advocate,Anurag
Khanna,N.I. Jafri

Hon'ble Arun Tandon,J.

Heard Sri Anurag Khanna, learned senior Advocate

appearing on behalf of CBI assisted by Sri Nipun Singh,
Advocate and Sri Manoj Ohri, senior Advocate on behalf
of applicant assisted by Ms. Harshita Raghuvanshi,
Advocate.

The bail granted in favour of the applicant-Ram Prasad

Jaiswal was cancelled under the order dated 15.7.2014
passed by this Court on an application made by the CBI.
Similar order was passed in the case of one co-accused
Dinesh Kumar Singh. This led to filing of Criminal Appeal
No. 3603 of 2013 by Dinesh Kumar Singh Vs. CBI before
the Apex Court.

The Apex Court disposed of the Special Leave Petition

with the observation that the pending bail application may
be considered without being influenced by the
observations made in the order subject to challenge
before the Apex Court. The Apex Court also observed that
the matter be heard by a Judge, who had not heard the
bail application earlier. Accordingly, the bail application
was nominated and has come up for hearing before me.

The bail application made by Sri Dinesh Kumar Singh

was rejected by me vide order dated 2.7.2015 being Bail
Application No.37599 of 2014 (Dinesh Kumar Singh Vs.
C.B.I.), against which Special Leave Petition was filed
before the Apex Court being Special leave to Appeal (Crl.)
No. 6258/2015 (Dinesh Kumar Singh Vs. C.B.I.), which
has been disposed of vide order dated 23.11.2015.
Dinesh Kumar Singh was directed to approach the Trial
Court afresh. He has been granted bail on the condition
of depositing Rs.2 lacs.

The Court has been informed that an FIR dated 2.1.2012

has been lodged against Sri Ram Prasad Jaiswal and has
been charge sheeted in RC:220/2012 E 0001, Police
Station CBI EOU-IV, New Delhi under Section 120-B,
read with Sections 409, 420, 468, 471 IPC & under
Sections 8, 13(2) read with Section 13(1)(c), 13(1)(d) &
13(I)(d)(ii) of Prevention of Corruption Act, 1988 and
Substantive Offence under Sections 8, 13(2) read with
Section 13(1)(d)(ii) of Prevention of Corruption Act, 1988
along with 12 other persons. The total amount said to be
involved has been assessed at Rs.7.93 crores.

The Court has been informed that some of the other

accused in the aforesaid case has been granted bail by
the Trial Court or by the higher Court on the condition of
deposit of Rs. 50 lacs.

It may be noticed that this Court had granted bail for

limited duration to Ram Prasad Jaiswal from time to time
keeping in mind his medical health as reflected from the
certificates/prescriptions issued by the doctors attending
upon Ram Prasad Jailswal, which documents were not
disputed by the CBI at any time.

Having regard to the circumstances brought on record, I

am of the opinion that it would be appropriate to grant bail
to Ram Prasad Jaiswal in both the matters on terms as
specified as under.

Let the applicant Ram Prasad jaiswal, involved in

RC:220/2012 E 0001, Police Station CBI EOU-IV, New
Delhi under Section 120-B, read with Sections 409, 420,
468, 471 IPC & under Sections 8, 13(2) read with Section
13(1)(c), 13(1)(d) & 13(I)(d)(ii) of Prevention of Corruption
Act, 1988 and Substantive Offence under Sections 8,
13(2) read with Section 13(1)(d)(ii) of Prevention of
Corruption Act, 1988 be released on bail on his furnishing
a personal bond and two sureties each of the like amount
to the satisfaction of the Court concerned on the following
conditions :-

1. The applicant shall not tamper with the prosecution

evidence;

2. The applicant shall not pressurize the prosecution

witnesses;

3. The applicant shall appear on the date fixed by the trial

court;
4. The applicant shall deposit his passport with the trial
court.

In addition to the above, the applicant shall deposit Rs.50

lacs, by way of a bank draft in the name of the trial court
within two months from today. The amount shall be
invested in fixed deposit scheme in a nationalised bank
and shall be renewed from time to time till the termination
of the trial. The deposit so made, shall be subject to the
final decision of the trial court.

In case of default of compliance with any of the conditions

enumerated above, the order granting bail shall stand
cancelled automatically.

Order Date :- 26.8.2016

Ashish Pd.