Anil Kumar Alias Anil Ojasvi vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.45 of 2023, registered at police station Kankhal, District Haridwar.

The applicant- Anil Kumar alias Anil Ojasvi is in judicial custody under Sections 409, 420, 120B of the Indian Penal Code, 1860, Section 9, Section 10 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 (as applicable in the State of Uttarakhand), Section 8 and Section 12 of the Prevention of Corruption Act, 1988.

As per the case of the prosecution, Inspector Mr. Pradeep Singh Rana received an information on 12.01.2023 that several persons were involved in a scam related to paper leak for the post of Patwari/Lekhpal. Therefore, an FIR (FIR No.12 of 2023) was registered. During the course of the investigation in FIR No. 12 of 2023, a register was recovered at the instance of co-accused Sanjeev Dubey. The said register contained the names of those candidates who were appearing in the Assistant Engineer / Junior Engineer examination. Several note books, two blank cheques, educational certificates were recovered at the instance of a co-accused Rajpal.

Heard Mr. Pranav Singh, learned counsel for the applicant and Ms Manisha Bhandari, learned Special Counsel for the State (through video conferencing).

Opposing the bail application, Ms. Manisha Bhandari, Advocate submitted that role of the present applicant is that he along with co-accused Sunil Saini took four candidates, who were going to appear in the said examination, to various places and showed them the leaked question papers.

Mr. Pranav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not named in the First Information Report. Co-accused of similar role, namely, Sunil Saini and Bhushan Singh have already been granted regular bail. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in judicial custody since 23.10.2023.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Anil Kumar alias Anil Ojasvi be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

(iii) Applicant shall not leave the country without the previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.