Dharmendra Saini vs State Of Uttarakhand

Alok Kumar Verma, J

The present bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with the First Information Report No.318 of 2019, registered with Police Station Bazpur, District Udham Singh Nagar for the offence under Sections 409, 420, 466, 467, 468, 471, 120B of IPC and Section 8A of the Prevention of Corruption Act, 1988.

In the scholarship scam matter, in compliance of the order of this High Court, passed in Writ Petition (PIL) No.33 of 2019, Mr. Govind Ballabh Joshi, Inspector, was appointed as a Member of the Special Investigation Team. After enquiry, Mr. Govind Ballabh Joshi, the informant, lodged an FIR against the present applicant along with the co-accused persons.

Heard Mr. Aditya Singh, learned counsel for the applicant and Ms. Shivangi Gangwar, learned Brief Holder for the State.

The learned counsel for the applicant submitted that the applicant is an innocent person; he has been falsely implicated; his role is shown as a middleman; he has not embezzled any scholarship amount; he was not the beneficiary; co-accused persons are granted bail by this High Court; he is a permanent resident of District Udham Singh Nagar; he is in custody since 17.09.2022, and, the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

The learned counsel for the State opposed the bail application, however, she fairly conceded that co-accused persons have been granted bail.

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 trial 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 – Dharmendra Saini 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 with the following conditions :-

i) The applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

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