Diwas Kumar Pandey vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Diwas Kumar Pandey seeking anticipatory bail under Sections 318(4), 338, 336(3) and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.07 of 2025, registered at Police Station Reetha Sahib, District Champawat.

As per the FIR, a fake proposal was prepared by Bhuwan Chandra Bhatt (named accused) for the reconstruction of drinking water pipeline. Rs.2,00,000/ - (Rupees Two Lakh) was sanctioned for the said work. Bhuwan Chandra Bhatt and Tilomani Bhatt (named accused) embezzled the said amount in connivance with the employees of the Block Development Office.

Heard Mr. Manoj Kumar, learned counsel with Mr. Prem Prakash Bhatt, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for State.

Mr. Manoj Kumar, Advocate, contended that the drinking water pipeline repair scheme was approved by the State Disaster Management Fund. The estimate of the scheme was 1.73 Lakh. After completion of work, the applicant, the junior engineer, prepared the measurement of the scheme by making technical and physical inspection. The third party verification was also conducted and after duly completion of all the formalities, the cheque of the final bill was issued to the contractor in the month of January, 2025.

Mr. G.S. Sandhu, learned Additional Advocate General, on instruction, has sought three weeks’ time to file objection to the Anticipatory Bail Application.

Time is granted.

Notice is issued to the respondent no.3.

Steps to be taken within a week.

List on 28.04.2025.

Having heard the submissions of learned counsel for the parties and in the facts and circumstances of the case, as an ad-interim measure, it is directed that in the event of the arrest of the applicant, Diwas Kumar Pandey, he shall be released on interim bail on executing a personal bond of Rs.30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Investigating Officer/ Arresting Officer, subject to the following conditions: -

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(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 this Court.