IMPORTANT POINT
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.

JUDGMENT :

Alok Kumar Verma, J.

These two Bail Applications have 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. These two Bail Applications have arisen from one case crime number i.e. Case Crime No.45 of 2023, therefore, these two Bail Applications are being considered and decided by this common order. The file of the Bail Application No. 1180 of 2023 is leading file.

3. The applicant-Smt. Reetu is in judicial custody under Sections 409, 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.

4. The applicant-Sanjeev Prakash Chaturvedi is in judicial custody under Sections 409, 411, 420, 120B of the Indian Penal Code, 1860, Section 4, Section 5, Section 7, Section 10 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 (as applicable in the State of Uttarakhand), Section 7 and Section 13 of the Prevention of Corruption Act, 1988.

5. 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.

6. Opposing the bail application, Ms. Manisha Bhandari, Advocate submitted that Smt. Reetu is the wife of the applicant-Sanjeev Prakash Chaturvedi. They along with other co-accused persons obtained money from the candidates by leaking question papers and with the said money, gold was purchased and kept in the bank locker.

7. Mr. P.S. Sridhar Raj, Advocate contended that the applicants have been falsely implicated in the present matter. In July, 2010 bank locker was opened in Allahabad Bank, Branch Ballia, Uttar Pradesh, where the 77 years old father of the applicant-Sanjeev Prakash Chaturvedi was staying. The said locker is in the joint name of the applicants. All the gold ornaments, kept in the said locker, are very old which includes the ornaments of applicant Smt. Reetu, which was gifted to her by her father and some part of gold was purchased by the father of the applicant-Sanjeev Prakash Chaturvedi. Co-accused persons have already been granted regular bail by this Court. Applicants are the residents of District Haridwar. Therefore, there is no likelihood of their absconding. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation and there is no chance of tampering with the evidence, and, the applicants are in judicial custody since 12.01.2023.

8. 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 applicants 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 applicants deserve bail at this stage.

9. The Bail Applications are allowed.

10. Let the applicants – Smt. Reetu and Sanjeev Prakash Chaturvedi be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

(i) Applicants shall attend the Trial Court regularly and they shall not seek any unnecessary adjournment;

(ii) Applicants shall not directly or indirectly make any inducement, threat