Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention is to secure their attendance, not punishment.

JUDGMENT :

Alok Kumar Verma, J.

Present 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. 01 of 2023, registered at police station Vigilance Sector, District Dehradun under Section 7 of the Prevention of Corruption Act, 1988.

2. Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General along with Mrs. Lata Negi, learned Brief Holder for the State.

3. Opposing the bail application, Mr. S.T. Bhardwaj, Advocate, has submitted that the applicant was on the post of Veterinary Officer. A sum of Rs. 7,000/- was deposited by the complainant under the Goat Farming Scheme. A sum of Rs. 63,000/-, which was to be given to the complainant, was not paid to the complainant. A bribe of Rs. 8,000/- was demanded by the applicant for paying Rs. 63,000/-. Applicant was caught red-handed on 18.01.2023 while taking a bribe of Rs. 8,000/-. Charge-sheet was filed after completion of the investigation. Complainant (PW1) has supported the case of the prosecution, therefore, the bail application is liable to be rejected.

4. Mr. Lalit Sharma, Advocate, contended that the applicant is a public servant, therefore, there is no likelihood of applicant absconding as well. She has been falsely implicated in the present matter. Charge-sheet has already been filed by the Investigating Officer, and, evidence of the complainant (PW1) has been recorded, therefore, there is no chance of tampering with the evidence. Applicant has no criminal history, and, she is in custody since 19.01.2023.

5. This fact is not disputed that there is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

6. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason 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.

8. The Bail Application is allowed.

9. Let the applicant – Monika Goyal be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and she will 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.

10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, prosecution will be free to move the court for cancellation of her bail.