Single judge allowed bail to accused in Prevention of Corruption Act case. Court noted accused caught red-handed, jail time served over seven months, charge sheet filed, and low risk of absconding or tampering.
Released on bail on personal bond with two sureties each of the like amount.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BAI No.1194 of 2021 Hon’ble R.C. Khulbe, J. Mr. Rahul Nabiyal, learned counsel for the applicant. Mr. V.K. Gemini, learned Dy.A.G. along with Ms. Meena Bisht, learned B.H. for the State. Accused–Dhan Giri Goswami has sought his release on bail in connection with Case Crime/FIR No.01/2021 u/s 7 of Prevention of Corruption Act, registered at P.S. Vigilance Establishment, Sector Nainital, Haldwani. It is argued that the accused has been falsely implicated; he is languishing in jail since 04.06.2021; he has already served more than seven months in jail; charge sheet has already been submitted and there is no chance of tampering with the evidence; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. As per the FIR, the accused was caught red- handed while taking bribe of Rs.3,000/- on 03.04.2021; admittedly, he was Registrar Kanungo in District Pithoragarh; the accused is a Public Servant and the local resident of District Pithoragarh; there is no chance of his absconding; the charge sheet has been submitted and there is no chance of tampering with the evidence; there is no independent witness of the recovery; it will take time to conclude the trial; accordingly, without making any comment on the merits, it is a fit case for bail at this stage. The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. |
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| (R.C. Khulbe, J.) 15.11.2021 Sukhbant |
1 issue framed by the court
Whether a public servant accused of accepting a bribe and caught red-handed qualifies for bail given the submission of charge sheet and lack of tampering risk.
Dhan Giri Goswami
The State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
