Kuldeep Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.321 of 2022, registered at police station Kotdwar, District Pauri Garhwal. Applicant is in judicial custody under Sections 420, 409, 120 B of the Indian Penal Code, 1860 and Sections 7 A of the Prevention of Corruption Act, 1988.

Mr. S.T. Bhardwaj, Deputy Advocate General, has opposed the Bail Application. He submits that as per prosecution’s case, a sum of Rs.96,34,860/- (Rupees ninety six thousand thirty four thousand eight hundred sixty) has been misappropriated by the employees of Nagar Nigam with the collusion of the contractors. He further submitted that during the investigation evidence has been found to the effect that a sum of Rs.1,85,000/- (Rupees one lakh eighty five thousand) was transferred to the bank account of the applicant from the bank account of the co-accused Smt. Sumita, contractor, main accused. Apart from the said fact, no other evidence has been found against the present applicant.

Mr. Lalit Sharma, Advocate, contended that the applicant is not named in the First Information Report. He is neither a Government servant nor a contractor. There is no evidence available on record against the applicant to constitute the offence of Section 120 B IPC. Co-accused Sumita was his tenant and the said amount i.e. Rs.1,85,000/- (Rupees one lakh eighty five thousand) was received by him from Sumita as rent. Applicant is in custody since 03.01.2023. He has no criminal history. He is a permanent resident of District Pauri Garhwal. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant- Kuldeep Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and he will not seek any unnecessary adjournment;

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 prior permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.