Dinesh Dogra vs State Of Uttarakhand

Alok Kumar Verma, J

This 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.114 of 2023, registered at police station Kotwali Laksar, District Haridwar.

Applicant is in judicial custody under Sections 420, 467, 468, 471, 506 and Section 120B of the Indian Penal Code, 1860.

In the name of providing a job to the informant, money was received from the informant by the co-accused persons. After usual investigation, a charge-sheet was laid before the competent court.

Heard Mr. Akshay Pradhan, learned counsel with Mr. Vishal Kumar Nautiyal, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the State.

Mr. Akshay Pradhan, Advocate, for the applicant contended that the applicant is an innocent person. He has been falsely implicated in the present matter by the informant. He did not receive any amount from the informant. He has no criminal history. He is in custody since 30.01.2023. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Learned counsel for the State has opposed the bail application. He submitted that a raid was conducted by the Investigating Officer, and, several forged appointment letters were recovered from the office of the present applicant and co-accused persons. However, he has fairly conceded that the applicant has no criminal history.

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, 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 – Dinesh Dogra 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;

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, application may be filed to cancel the bail order.