High CourtsSingle Bench

Rajiaram & others vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 3 January 2018 · Citation: (2018) 01 UK CK 0022

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-482>Section 482</a> - Saving of inherent powers of High Court · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-420>Section 420</a>, <a hre
CASE NUMBER
06 of 2018

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Judgment

15 paragraphs · 279 words
1.

The first information report has been lodged by one Ajay Dhyani against the present applicants which has been registered as Case Crime No. 6

of 2010 under Sections 467 / 468 / 411 / 477A / 420 / 409 and 120B of IPC and Section 7 / 13 (1) read with Section 13 (2) of the Prevention of

Corruption Act, at Thana Vigilance Department, Sub-District Haldwani, District Nainital. After investigation, police filed the charge-sheet against

the present applicants. Consequently, the learned court below took cognizance in the matter and criminal proceedings have been initiated against

the applicants and non-bailable warrants have been issued against the applicants. Hence, the present application under Section 482 of CrPC

before this Court.

2.

Considering the overall facts and circumstances of the case and the fact that the charge-sheet has been filed in the matter, no interference is

being called for by this Court in the matter at this stage.

3.

Let the applicants appear before the court concerned and move an application for their bail, which shall be considered, as far as possible, on the

same day itself, on its merits, in accordance with law. In case, for any reason, the bail is rejected or deferred, the learned Magistrate may consider

granting an interim bail to the applicants considering the fact that applicants are Government employees of a Public Corporation and their arrest

may jeopardize their career.

4.

The application filed under Section 482 CrPC stands disposed.

5.

It is, however, made clear that the non-bailable warrants issued against the applicants shall be kept in abeyance till Monday i.e. 08.01.2018 in

order to enable the applicants to appear before the court concerned.