Yashwant Singh Chauhan vs State of Uttarakhand

Prafulla C. Pant, J.—Applicant Yashwant Singh Chauhan, who is in jail in connection with Crime No. 07 of 2009 (Special Sessions Trial No. 56 of 2009), relating to offence punishable u/s 7/13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, police station Vigilance Sector, District Dehradun, has sought his release on bail.

Heard learned Counsel for the parties.

The first bail application of the applicant was rejected on 04.12.2009, second bail application on 26.03.2010, and the third on 24.06.2010, by Hon''ble Mr. Justice Dharam Veer (since expired).

Learned Counsel for the applicant submitted that the new ground for bail is that after rejection of the earlier bail applications, now P.W. 3 Yashwant Singh (complainant) has been examined by the trial court, and he has not supported the prosecution story, and declared hostile. Copy of the certified copy of statement of P.W. 3 Yashwant Singh, recorded on 10.11.2010, is annexed as Annexure -4 to the present bail application. It is also submitted that the applicant is languishing in jail for more than 11/2 years, as he was arrested on 28.05.2009.

In the above circumstances, in view of the statement of P.W. 3 Yashwant Singh S/o Hari Singh Rauthan (complainant), which was recorded after the rejection of the earlier bail applications, and considering the period for which the applicant is in jail, this Court is of the view that now the applicant deserves bail.

The fourth bail application is allowed. Let the applicant Yashwant Singh Chauhan be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of court concerned. (Urgency Application No. 51 of 2010 also stands disposed of).