Vikas Pandey vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for regular bail in connection with the Case Crime No. 107 of 2023, registered at police station Kotwali Dehradun, District Dehradun.

The applicant- Vikas Pandey is in judicial custody under Sections 420, 467, 468, 471, Section 120B of the Indian Penal Code, 1860, Section 7 and Section 8 of the Prevention of Corruption Act, 1988.

The case of the prosecution is that the applicant entered into a criminal conspiracy with the co-accused to prepare false title deeds/sale deeds and to submit the same to the Sub-Registrar Office, Dehradun. The forged title deeds/sale deeds were replaced with the original deeds. Mutation proceedings were also initiated on the basis of the false title deeds/sale deeds, after which, the properties were further sold on the basis of the said forged deeds.

Heard Mr. Raj Kumar Singh, learned counsel for the applicant and Mr. Saurabh Kumar Pandey, learned Brief Holder for the State.

Mr. Raj Kumar Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He was employed on contractual basis through PRD Department in Revenue Record Room, Dehradun as a daily wage worker. Therefore, he had no access to the records maintained in the office of the Sub-Registrar, Dehradun. Applicant is not named in the First Information Report. His name has come into light on the sole statement of the co-accused-Rohtash. No incriminating article has been recovered from the possession of the applicant. Five co-accused including co-accused-Rohtash have already been granted bail by this Court. The alleged forged deeds have not yet been declared forged by any competent Court. Applicant is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. He is not a previous convict. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, he is in judicial custody since 21.08.2023.

On the other hand, Mr. Saurabh Kumar Pandey, learned Brief Holder, has opposed the bail application orally.

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 – Vikas Pandey 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 on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he 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 him, the prosecution agency will be free to move the court for cancellation of bail.