The High Court allowed the bail application of Arvind Sharma, an accountant convicted under the Prevention of Corruption Act, granting release solely on the ground that his detention had exceeded one year.
Granted release on bail on personal bond and two reliable sureties of like amount.
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BA II No. 34 of 2015 Hon’ble U.C.Dhyani, J.
Mr. Vipul Sharma, Advocate present for the applicant.
Mr. S.S. Adhikari, Brief Holder present for the respondent-State.
Applicant Arvind Sharma, who is in jail in connection with Case Crime No. 02 of 2014 relating to offences punishable under Sections 7/13(1) (d) r/w 13(2), Prevention of Corruption Act, 1988, Police Station Vigilance Sector, District Dehradun, has sought his release on bail.
Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application.
Applicant who was an accountant in Jal Sansthan, Dehradun, allegedly, received a graft of Rs. 3500/- and was caught red handed. The incident took place on 11.04.2014 and since then he is in jail. It would not have been a case of bail, but only for the reason that the applicant is in jail for more than a year. One prosecution witness is reported to have been examined before the trial Court so far.
Considering the facts and circumstances of the case, a case of bail is made out in favour of the applicant only keeping in view the duration of detention of the applicant. Bail application of the applicant is allowed.
Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, of the like amount, to the satisfaction of the Special Judge Anti Corruption, Dehradun.
(U.C.Dhyani, J.) 18.04.2015
Siddharth
1 issue framed by the court
Whether the applicant qualifies for bail given the duration of detention exceeding one year.
Arvind Sharma
State
U.C.Dhyani
As recorded by the court registry
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