Ankush vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.12 of 2023, registered at police station Kankhal, District Haridwar.

Applicant 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, Section 8 and Section 12 of the Prevention of Corruption Act, 1988.

Heard Mrs. Pushpa Joshi, learned Senior Advocate assisted by Ms. Nipush Mola Joshi, learned counsel holding brief of Ms. Chetna Latwal, learned counsel for applicant and Ms. Manisha Bhandari, learned Special Counsel for State.

On 12.01.2023, the Inspector, Mr. Pradeep Singh Rana, received an information that several persons were involved in a scam related to paper leak for the post of Patwari/Lekhpal. As per the First Information Report dated 12.01.2023, co-accused Raj Pal Singh along with co-accused Sanjeev Kumar leaked the paper and sold to the candidates and received money from them. The said examinations were conducted by the Uttarakhand Public Service Commission on 08.01.2023. The First Information Report was registered against the seven co-accused persons.

Opposing the Bail Application, Ms. Manisha Bhandari, learned Special Counsel, submitted that Rs.1,10,000/- were recovered at the instance of the applicant.

Mrs. Pushpa Joshi, learned Senior Advocate, contended that the applicant has been implicated in the present matter. The said recovered money belongs to the applicant. The applicant’s father made an agreement with one Shyam Singh to sell his land, in which advance payment was made to him. A copy of the said agreement has been filed in support of the said submissions.

Mrs. Pushpa Joshi, learned Senior Advocate, further submitted that the applicant is in judicial custody since 25.01.2023. He does not have any criminal antecedents. He is a permanent resident of District, Haridwar, therefore, there is no possibility of his absconding. The charge-sheet has already been filed, and, a co-accused of similar role, namely, Sunil Saini, has been granted bail by this Court.

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 – Ankush 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 condition, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.