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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK KUMAR VERMA, J.
Arjun Singh - Applicant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2671 of 2023
Decided On : 05-01-2024
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 of the Code of Criminal Procedure, 1973, emphasizing the lack of criminal antecedents of the applicant, the filing of a charge-sheet, and the precedent of co-accused being granted bail. The court highlighted the importance of not keeping the applicant in custody indefinitely without sufficient reason, thus allowing bail with specific conditions to ensure compliance and attendance in court.
Fact of the Case:
The applicant, Arjun Singh, was in judicial custody for alleged involvement in a scam related to the Gram Panchayat Development Officers Examination, 2016, under various sections of the IPC. An FIR was lodged after an inquiry revealed serious irregularities in the examination process.
Finding of the Court:
The court found that the applicant had no prior criminal record, was a permanent resident, and that a charge-sheet had already been filed. The court noted that a co-accused with a similar role had been granted bail, indicating a lack of grounds to deny bail to the applicant.
Issues: Whether the applicant should be granted bail considering the nature of the charges, the applicant's background, and the circumstances of the case.
Ratio Decidendi: The court determined that the applicant's lack of criminal antecedents, the filing of a charge-sheet, and the precedent of co-accused being granted bail were significant factors in favor of granting bail, emphasizing the principle that custody should not be indefinite without just cause.
Result: The bail application was allowed, and the applicant was ordered to be released on bail subject to certain conditions.
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 the Case Crime No.01 of 2020, registered at Vigilance Establishment Sector Dehradun, District Dehradun.
2. The present applicant is in judicial custody under Sections 420, 465, 467, 468, 471, 201 and Section 120B of the Indian Penal Code, 1860.
3. Mr. Pradeep Pant, the Inspector, Vigilance Sector, Dehradun, lodged an FIR on 08.01.2020 that he had conducted an open enquiry regarding the rigging in the Gram Panchayat Development Officers Examination, 2016, in which, serious irregularities were found. After conclusion of the investigation, a charge-sheet was filed against the present applicant and co-accused persons.
4. Opposing the bail application, Mr. Lalit Sharma, Advocate, appearing for the State, submitted that the present applicant along with co-accused Rajnish Kumar had collected money from the aspirants in order to get them selected in the said examination and handed over the said money to the co-accused Sanjeev Chauhan, the brother of the co-accused Rajnish Kumar, the owner of RMS Techno Solution India Pvt. Ltd. The said Company was given contract to conduct the said examination.
5. Mr. S.R.S. Gill, Advocate, contended that the applicant has been implicated in the present matter. He did not receive any money from any person. Co-accused Sanjeev Chauhan was granted bail by the Court of Session. Applicant does not have any criminal antecedents. He is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no chance of his absconding. Charge-sheet has already been filed. Co-accused of the similar role, namely, Rajnish Kumar, has been granted bail by this Court.
6. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found 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.
7. The Bail Application is allowed.
8. Let the applicant – Arjun Singh be released on bail on his 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:-
(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.
(iii) Applicant shall not leave the country without the previous permission of the Trial Court.
9. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to file an application to cancel the bail.
The court established that bail should be granted when there are no substantial grounds for detention, particularly when the accused has no prior criminal history and the investigation is complete.
Bail is a right under Article 21 of the Constitution, and the burden of proof lies on the prosecution to demonstrate the necessity of continued detention.
The court established that bail can be granted when there are no substantial grounds for continued detention, even in serious allegations.
Bail is a fundamental right under Article 21, and its denial must be justified by compelling reasons.
The court reaffirmed that bail is a right and should be granted unless there are compelling reasons to deny it, emphasizing personal liberty and the presumption of innocence.
The court reaffirmed the principle that bail should be granted unless there are compelling reasons to deny it, particularly when the accused are not likely to abscond or tamper with evidence.
Point of Law : Grant of Bail - Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India.
Point of law : 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....
Point of Law : 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 detent....
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