IMPORTANT POINT
The court established that bail can be granted when there are no substantial grounds for continued detention, even in serious allegations.

JUDGMENT :

Alok Kumar Verma, J.

The 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.45 of 2023, registered at police station Kankhal, District Haridwar.

2. The applicant- Anurag Pandey is in judicial custody under Sections 409, 411, 420, 120B of the Indian Penal Code, 1860, Section 9, Section 10 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 (as applicable in the State of Uttarakhand), Section 8 and Section 12 of the Prevention of Corruption Act, 1988.

3. As per the case of the prosecution, Inspector Mr. Pradeep Singh Rana received an information on 12.01.2023 that several persons were involved in a scam related to paper leak for the post of Patwari/Lekhpal. Therefore, an FIR (FIR No.12 of 2023) was registered. During the course of the investigation in FIR No. 12 of 2023, a register was recovered at the instance of co-accused Sanjeev Dubey. The said register contained the names of those candidates who were appearing in the Assistant Engineer / Junior Engineer examination. Several note books, two blank cheques, educational certificates were recovered at the instance of a co-accused Rajpal.

4. Heard Mr. Bharat Singh with Mr. Ram Kishan Pandey, learned counsel for the applicant and Ms. Manisha Bhandari, learned Special Counsel for the State (through video conferencing).

5. Opposing the bail application, Ms. Manisha Bhandari, Advocate submitted that role of the present applicant is that he along with his uncle Sanjeev Prakash Chaturvedi, the co-accused, took five candidates to various places and leaked question papers were read to them. A sum of Rs.2,70,000/- (Two Lakh Seventy Thousand) was recovered from the house of the applicant.

6. Mr. Bharat Singh, Advocate, contended that the applicant is an innocent person. He has been implicated in the present matter. The said amount i.e. Rs.2,70,000/- (Two Lakh Seventy Thousand), which was recovered from the house of the applicant, belongs to the applicant’s family. Co-accused persons, including co-accused Sanjeev Prakash Chaturvedi, have been granted regular bail by this Court. Applicant is a permanent resident of District Ballia, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in judicial custody since 22.02.2023.

7. 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.

8. The Bail Application is allowed.

9. Let the applicant – Anurag Pandey, 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 on the following conditions:-

(i) Applicant shall attend the Trial Court regularly and he shall 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.

(iii) Applicant shall not leave the country without the previous permission of the Trial Court.

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