BABU SINGH KUSHWAHA Vs. CBI AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The High Court has by the orders impugned in these appeals declined to release the appellant on bail pending disposal of three different cases filed against him by the Central Bureau of Investigation. The cases in question relate to what is known as N.R.H.M. Scam in the State of U.P. The appellant was a minister in the State council of Ministers and is one of the accused person apart from several others being prosecuted for offences punishable under Sections 120B, 409, 420, 468 and 471 and Section 13(2), 13(1)(C) and 13(1)(d)(II) of the Prevention of Corruption Act.

(3.) It is common ground that the appellant was taken into custody on 03.03.2012 and has been in custody for more than 31/2 years by Now. It is also Not in dispute that in RC 220 2012 E 0001 EOU-IV, the prosecution has cited as many as 450 witnesses in the charge-sheet filed by it before the Trial Court. These witnesses except one Girish Malik, just about 7 witnesses have so far been examined including PW 345 Girish Malik who is described by the prosecution as its star witness. Similarly in RC 220 2012 E0002 EOU IV the prosecution has cited 555 witnesses against the accused persons including the appellant herein. Not a single witness in the said list of witnesses has however been examined ever since the filing of the charge-sheet and framing of charges against the accused persons. Incidentally, Girish Malik PW 180 cited in the said charge-sheet also happens to be one of witnesses in this case against the appellant. In the 3rd and the only other case registered against the appellant under RC 220 2012 E 0003 EOU-IV, the prosecution has filed a charge-sheet citing 241 witnesses including Girish Malik cited as PW 89 in the list. Here again Not a single witness has been examined by the prosecution so far. It was in the above background that the appellant had applied for bail firstly before the Trial Court who declined the same and later to the High Court who concurred With the view taken by the Trial Court in rejecting the plea for bail.