Sumita Devi vs State Of Uttarakhand

Alok Kumar Verma, J

The 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.321 of 2022, registered at police station Kotdwar, District Pauri Garhwal.

The present applicant-Smt. Sumita Devi is in judicial custody under Sections 409, 420, 120-B of the Indian Penal Code, 1860 and Section 7A of the Prevention of Corruption Act, 1988.

The First Information Report was lodged against the applicant and co-accused persons to the effect that they had misappropriated the funds of Nagar Nigam Kotdwar, District Pauri Garhwal.

Mr. Ankurit Raj David, Advocate contended that the applicant, who was a registered contractor of the Nagar Nigam, Kotdwar since April, 2021 to December, 2023, has been falsely implicated in the present matter. She was allotted various contracts from the Nagar Nigam Kodwar. The cheque no. 37311 of Rs.2,36,653/- was deposited in the applicant’s account in consideration of the construction of C.C.Road at Budhi Singh Colony Simbalchour, whereas the amount of other three cheques were not withdrawn by the applicant. Two co-accused have already been granted regular bail. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Pauri Garhwal, therefore, there is no possibility of her absconding, and, she is in judicial custody since 03.01.2023.

The objection has not been filed by the State despite getting sufficient opportunity to file the same.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found 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 – Sumita Devi be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

i) Applicant shall attend the Trial Court regularly and she shall 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.

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