The High Court of Uttarakhand allowed the first bail application filed by Deepak Prasad. The court held that there was no reason to keep the applicant behind bars and granted bail on a personal bond with two sureties under Section 439 CrPC.
Bail granted with a personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.2202 of 2020
Deepak Prasad ….Applicant Vs. State of Uttarakhand ……Respondent
Hon’ble Alok Kumar Verma, J.
This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No.0049 of 2020, registered with Police Station Khanpur, District Haridwar for the offence punishable under Sections 409, 420, 467, 468, 471 and 120B of the IPC.
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bank account of 18 Scheduled Castes students by the Social Welfare Department, which was later paid by the students in the account of the Institute; the applicant returned the amount of Rs.1,38,750/- by way of cheque to the concerned District Social Welfare Officer; the Secretary of the Society is the wife of the owner Amit Kumar and Treasurer of the Society was Mr. Tarun Kumar, the brother-in-law of Mr. Amit Kumar and they were the actual culprits in the alleged scam; the applicant was never a beneficiary in the scholarship scheme; the applicant is a disabled person as he got a surgery of his spinal cord in the year 1998; he had gone through heart surgery in the year 2016; he is a resident of District Haridwar; he is in custody since 30.09.2020; charge sheet has already been filed, therefore, there is no chance of tampering with the evidence.
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8. The bail application is allowed.
i) the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;
(Alok Kumar Verma, J.) 11.12.2020
JKJ/Sanjay
1 issue framed by the court
Whether bail should be granted to the applicant in connection with offences under Sections 409, 420, 467, 468, 471 and 120B of IPC.
1 provisions across 1 enactments
Deepak Prasad
State of Uttarakhand
Alok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
