Anurag Pandey 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.12 of 2023, registered at police station Kankhal, District Haridwar.

The applicant- Anurag Pandey 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.

According to the prosecution, on 12.01.2023, 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. The said examinations were conducted by the Public Service Commission on 08.01.2023. The First Information Report was registered against co-accused persons.

Heard Mr. Bharat Singh with Mr. Ram Kishan Pandey, learned counsel for the applicant and Ms. Manisha Bhandari, learned Special Counsel for the State (through video conferencing).

According to Ms. Manisha Bhandari, Advocate, the role of the present applicant is that present applicant is one of the main agents of the main accused Sanjeev Prakash Chaturvedi. He was involved in the said scam through his maternal aunt, co-accused Smt. Reetu. He played an active role in collecting candidates and money from them.

Mr. Bharat Singh, Advocate, contended that nothing was recovered from the possession of the present applicant. He has been falsely implicated in the present matter. Co-accused persons, including co-accused Sanjeev Prakash Chaturvedi and co-accused Smt. Reetu, have been granted regular bail by this Court. Applicant is a permanent resident of District Ballia, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in judicial custody since 22.02.2023.

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 – Anurag Pandey, 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.