Ashok Mishra vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail under Sections 409, 420, 467, 468, 471, 477A and Section 120B of the Indian Penal Code, 1860 and Section 7, Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in connection with the Case Crime No.06 of 2010, registered at police station Vigilance Sector Haldwani, District Nainital.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. M.K. Chand, A.G.A. opposed the bail application and submits that a sum of Rs.2,08,191/- (Two Lakh Eight Thousand One Hundred Ninety One) was embezzled during the period of 2001-2003. However, the First Information Report was registered in the year, 2010. Charge-sheet was filed against the co-accused persons in the year, 2017. The name of the present applicant came to light in the course of the further investigation, and the further investigation is still in progress.

Mr. Lalit Sharma, Advocate contended that the present applicant, aged about 65 years, was not charge-sheeted. No concrete evidence has been found so far against him. He is a permanent resident of District Ambedkar Nagar (U.P.), therefore, there is no chance of his absconding. 32 co-accused persons have been granted regular bail by the Court of Session and one co-accused has been granted regular bail by this Court. Applicant has no criminal antecedent.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason 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- Ashok Mishra be released on bail on his executing 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 not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(ii) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required;

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

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