Devnath Mishra vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Devnath Mishra, who is in judicial custody in FIR No. 02 of 2022, under Section 7 of Prevention of Corruption Act, 1988 as amended in 2018, Police Station Vigilance Establishment Sector, Haldwani District Nainital, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant/accused would submit that the applicant/accused is an innocent person; that, he has falsely been implicated in the instant crime; that, he is languishing in jail since 05.06.2022; that, the charge sheet has been filed. He would further submit that the complainant in the complaint (at Page No. 11 of the bail application) himself has stated that he could not record the call of the applicant/accused; that, the prosecution has no evidence whatsoever against the applicant/accused and the trial is likely to take some time, therefore, no purpose would be served by keeping the applicant/accused in jail.

Per contra, Mr. K. S. Bora, D.A.G. for the State vehemently opposed the bail application and would submit that it is a trap case and there is a transcript of the conversation of the applicant/accused with the complainant, however, he could not explain the fact of the complaint in which, the complainant himself has stated that he could not record the conversation then how the transcript of the same was prepared.

In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case fit for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.