Diwas Kumar Pandey vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Application 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 for applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent nos. 1 and 2.

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. Manoj Kumar, Advocate, further submitted that the applicant is a Government servant, therefore, there is no possibility of his absconding. He does not have any criminal antecedents. He was granted interim bail on 18.03.2025, and, the conditions of the interim bail have not been violated by him

Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 18.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Diwas Kumar Pandey, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the 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) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear 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 the anticipatory bail.