Krishan Kumar Singh vs State of Uttarakhand

This is the third bail application moved by the accused applicant-Shri Krishan Kumar Singh (facing the Special Session Trial No. 09/2016) who at the time of trap was posted as SDM, Purola, District Uttarkashi and is undergoing incarceration as under trial ever since the day of his arrest w.e.f 29.6.2016. His first bail application was rejected by this court as a vacation Judge on 27.01.2017 and the second bail application was rejected on 10.8.2017.

I have gone through both the rejection orders and feel that hardly there remains any ground left to be discussed for considering this third bail application on merits. The multiple fresh denovo grounds for considering this third bail application have been adverted from paragraph 11 to 16 of the bail application, which in the interest of justice are reproduced as below:

One of the grounds of rejection of the second bail application was the apprehension of this court that after coming out from the jail the accused who is an influential culprit shall make whole circumstances propitious for tampering of the evidence before the witnesses are, infact cross-examined in the dock of the court. Now, the Vigilance Inspector Shri Hemant Singh Negi (PW1), who conducted the trap and only both independent witnesses Shri Sanjay Kumar as well as Puran Singh Tomar, who themselves are also the Government Officers, have been examined and cross-examined at length. So, there remains no possibility at all of influencing these witnesses or tampering with the evidence.

Further, it has been pleaded that the applicant- accused is going to the superannuated in the month of June, 2018 under the state of suspension from the services itself, thus only six months have been left of his retirement. That apart, it has been submitted that there is no male member in the house of the applicant who can take care of his wife, one unmarried daughter and old mother, aged about 90 years, who are residing alone in Dehradun. The daughter is young and of marriageable age and has lost prospects of marriage because of the social stigma arising out of the continued incarceration of the applicant for last 18 months.

The attention was drawn by the learned counsel towards the personal presence of the tears shedding young marriageable age daughter as well as the wife of the applicant in court. It has also been stated that the wife, mother and young daughter of the applicant have been compelled to live by themselves without any male member and because of it there social security and safety continues to be vulnerable in the metro city of Dehradun. It has further been pleaded that on account of the plight of these three ladies and due to their social boycott in the city because of the continued incarceration of the only male member (the applicant) for last 18 months

they are living in penury. More so, because the applicant was taken away suddenly by the Vigilance Department and put to prison and thus he could not make any financial arrangement for his wife and daughter and after this long 1 years these ladies have been left with no financial resources to litigate before the Trial Court as well as this Hon''ble Court.

Considering the extreme plight and pitiable circumstances of these three ladies including the marriageable age young daughter, the court grants the bail to the accused applicant Shri Krishan Kumar Singh on the following terms and conditions:

The court is mindful that still the complainant has not been examined and if he or any other witness turns up in the court then no adjournment shall be sought by the accused on any ground whatsoever. If any effort is made by the accused to get this case adjourned then the presiding officer of the court shall take decision having the observations and the law laid down by the Hon''ble Apex Court while adjudicating the criminal appeal no. 554/ 2012 '' Vinod Kumar vs. State of Punjab '' decided on 21.01.2015. The copy of such judgment was circulated to each and every officer of the State pursuant to the directions of the Hon''ble Apex Court as well as Hon''ble Chief Justice of this Court dt. 10.02.2015.

The accused applicant shall put his appearance on each and every date before the Trial Judge till the trial is concluded. He may be permitted to be represented through the counsel only in very-very special justifiable circumstances.

It is observed that every effort shall be made by the learned Trial Judge for the expeditious disposal of the ongoing trial of the accused applicant. Subject to the conditions aforestated, he shall be released on bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the Special Judge Anti Corruption/Trial Judge.

Let the certified copy of this order be supplied to the learned counsel of the applicant by tomorrow on payment of usual charges.