Gaurav Chand vs State Of Uttarakhand

Bharti Sharma, J

Applicant Gaurav Chand, who is in judicial custody in FIR No. 216 of 2022, under Sections 420, 467, 468, 471, 474, 120-B & 34 IPC, Police Station Pantnagar, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant/accused would submit that the only allegation against the applicant/accused is that blank degrees of University of Meghalaya were received at the instance and pointing out of applicant/accused and such degrees do not come in the category of Valuable Security, therefore, the offence under Section 467 IPC is not made out against the applicant/accused. He would further submit that the applicant/accused is in judicial custody since 12.11.2022; that, there is no previous criminal history against him. He would further submit that the co-accused Navdeep Singh Bhatia with similar role has already been granted bail by this Court vide order dated 08.05.2023; that, the charge sheet has been filed against the applicant/accused, therefore, no purpose would be served by keeping him behind bars as there are bleak chances of conviction of the applicant/accused in the present case.

To buttress his submissions, learned counsel for the applicant would place reliance on a judgment of Hon’ble Apex Court in re “Shriniwas Pandit Dharamadhikari vs. State of Maharashtra and connected matters”, (1980) 4 SCC 551.

Per contra, Mr. S. S. Adhikari, D.A.G. for the State vehemently opposed the bail application, however, he does not dispute the fact as stated by counsel for the applicant/accused. He also admitted at Bar that the co-accused Navdeep Singh Bhatia with similar role has been granted bail by this Court.

In the circumspection of facts as stated above, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case fit for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 70,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court. It is directed that the applicant/accused will not leave India without permission of the court.