Bhuwan Chandra Bhatt vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant – Bhuwan Chandra Bhatt is in judicial custody for the offence under Sections 318(4), 338, 336(3), and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.7 of 2025, registered at Police Station Reetha Sahib, District Champawat.

According to the First Information Report, a fake proposal was prepared by the present applicant for the re-construction of drinking water pipeline. A sum of Rs.2,00,000/-(Rupees Two Lakh) was sanctioned for the said work. The present applicant and Tilomani Bhatt (named co-accused) embezzled the said amount in connivance with the employees of the Block Development Office.

Heard Mr. Sanjay Bhatt, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the respondent.

Mr. Sanjay Bhatt, Advocate, contended that the total cost of the project was estimated to Rs.1,73,000/-. Since the father of the present applicant was a registered contractor with Block Development Authorities, he was allotted work contract. The entire work was completed by him under the supervision of Project Implementation Unit. The said work i.e. drinking water pipeline repair scheme was approved by the State Disaster Management Fund. After completion of work, the co-accused Diwas Kumar Pandey, the junior engineer, prepared the measurement of the scheme by making technical and physical inspection. The third party verification was also conducted and after duly completion of all the formalities, the cheque of the final bill was issued to the father of the present applicant in the month of January, 2025. The applicant has not embezzled any amount of the said Scheme.

Mr. Sanjay Bhatt, Advocate further submitted that the applicant is not a convicted person. He is a permanent resident of District Champawat. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. The co-accused Diwas Kumar Pandey has already been granted anticipatory bail in Anticipatory Bail Application No.263 of 2025. Applicant was granted interim bail on 21.03.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Pratiroop Pandey, learned AGA for the State has opposed the bail application.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, 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 – Bhuwan Chandra Bhatt 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.