Devi Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of regular bail in connection with the Case Crime No.12 of 2023, registered at Police Station Kankhal, District Haridwar.

Applicant-Devi Singh is in judicial custody for the offence under Sections 409, 420, Section 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.

The case of the prosecution is that Mr. Pradeep Singh Rana, Inspector, 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. The examinations were conducted on 08.01.2023. The First Information Report was registered against the co-accused persons.

Heard Mr. Pranav Singh, learned counsel for the applicant and Ms Manisha Bhandari, learned Special Counsel for the State.

Ms. Manisha Bhandari, Advocate, has opposed the Bail Application and submitted that during investigation, it was found that the present applicant had assisted the co-accused Sanjeev Chaturvedi in leaking the paper and had taken Rs.25,000/- (Twenty Five Thousand) from co-accused Sanjeev Kumar Dubey. The present applicant along with other co-accused had taken 31 candidates to Aryan Manohar Resort, Biharigarh, District Saharanpur (Uttar Pradesh) and got the leaked paper solved.

Mr. Pranav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The co-accused persons, including Sanjeev Chaturvedi and Sanjeev Kumar Dubey, have been granted bail by this Court. Applicant is not a previous convict. Charge-sheet has already been filed, and, the applicant is in judicial custody since February, 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 – Devi Singh 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.