Pankaj Singh Badela vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.178 of 2022, registered at police station Dineshpur, District Udham Singh Nagar.

Applicant is in judicial custody under Sections 323, 420, 504 and Section 506 of the Indian Penal Code, 1860.

Heard Mr. M.S. Pal, learned Senior Advocate assisted by Mr. S.S. Mehra, Advocate with Mr. Manoj Bhatt, Advocate for the applicant and Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

Opposing the bail application, Mr. Pratiroop Pandey, A.G.A. appearing for the State, submitted that the applicant and co-accused had taken Rs.50,000/- each from the informant & one Avinash and Rs.80,000/- from Harish Chand Gahtori and Rs.90,000/- from Mukesh in the name of recruitment in the Army. During the investigation, certificates of the informant and other victims were recovered from the possession of the applicant and co-accused.

Mr. M.S. Pal, learned Senior Advocate appearing for the applicant, contended that the applicant has been falsely implicated in the present matter. He did not receive any amount from any alleged victims. However, he returned Rs.80,000/- to Harish Chand Gahtori, which was deposited by him in his bank account. Applicant does not have any criminal antecedents. He is a permanent resident of District Champawat, therefore, there is no chance of his absconding. He is in judicial custody since 04.11.2022. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, co-accused Vikky Mandal has been granted bail by this Court.

Mr. Pratiroop Pandey, A.G.A. submitted that there is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activity.

Bail is the rule and jail is an exception. Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

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- Pankaj Singh Badela 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 would surrender his passport, if any, to the court concerned.

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.