Dharmendra Kumar 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.45 of 2023, registered at police station Kankhal, District Haridwar.

The applicant-Dharmendra Kumar is in judicial custody under Sections 409, 420, 120B of the Indian Penal Code, 1860, Sections 3, 4, 9, 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.

On 12.01.2023, Mr. Pradeep Singh Rana, the Inspector, received a secret information that several persons were involved in a scam related to paper leak for the post of Patwari/Lekhpal. Therefore, an FIR (FIR No.12 of 2023) was registered. During the course of the investigation in FIR No. 12 of 2023, several evidence were found to the effect that the Assistant Engineer / Junior Engineer examination papers were leaked. Therefore, the First Information Report No.45 of 2023 was registered. During the course of the investigation, it was found that present applicant-Dharmendra Kumar along with Saurabh and Deepak alias Deepak Kumar purchased a printer and made copies of the question papers.

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

Mr. Bilal Ahmed, Advocate, contended that the applicant has been implicated in the present matter. No evidence has been found against him during the investigation. Co-accused persons have been granted regular bail by this Court. Applicant is not a previous convict. He is in judicial custody since 14.02.2023. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Ms. Manisha Bhandari, learned Special Counsel, 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, 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 – Dharmendra Kumar 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.