Dinesh Kumar vs State of Uttarakhand

Prafulla C. Pant, J.—Sri K.S. Verma, Advocate, present for the applicant. Sri Arvind Vashistha, Advocate, present for CBI. Applicant Dinesh Kumar, who is in jail in connection with Crime No. RC0072009A0014, relating to offence punishable u/s 7/13(2) r/w Section 13(1)(d) of Prevention of Corruption Act, 1988 (Police Station CBI), Dehradun, has sought his release on bail.

The first bail application of the applicant was rejected on 14.5.2010 by Hon''ble Mr. Justice Dharam Veer (since expired). The second bail application was rejected on 1.9.2010. This is the third bail application.

A counter affidavit has been filed on behalf of the CBI. The same be taken on record. Heard learned Counsel for the parties. Learned Counsel for the applicant submitted that now more than one year has passed, after arrest of the applicant, and trial is still long way to go. It is pointed out that out of 17 witnesses, only one witness has been examined. It is further argued on behalf of the applicant that the applicant cannot be kept in jail for an indefinite period.

In the above circumstances, considering the fact that now the applicant is in jail for more than a year, in the opinion of this Court on that new ground, the applicant deserves bail. Therefore, without expressing any opinion as to the final merits of the case, the bail application is allowed.

Let applicant Dinesh Kumar be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of court concerned.

Bail application stands allowed.