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2025 Supreme(Online)(UK) 3192
HIGH COURT OF UTTARAKHAND
MOHAN LAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1 2167 / 2025
SL. N o.
D a t e
Office N ot e s, r e por t s, or de r s or pr oce e dings or dir e ct ions a nd Re gist r a r ’s or de r w it h Signa t ur e s
COURT’S OR JUD GE’S ORD ERS
H BA1 / 2 1 6 7 / 2 0 2 5 on'ble Ra k esh Th a pliyal, J. Mr. R.P. Naut iyal, learned Senior 1. Advocat e assist ed by Mr. Pavan Nat h, learned counsel for t he applicant . 2. Mr. Pradeep Lohni, learned Brief Holder for t he St at e. 3. Present applicant - Mohan Lal, S/ o Madan Ram is praying for bail in reference t o FI R dat ed 13.01.2025, regist ered as FI R/ Case Crim e No. 0002 of 2025 at P.S. Pokhri Dist rict Cham oli wherein t he present applicant along w it h one Am it Singh Negi have been im plicat ed for t he offences punishable under Sect ions 316( 2) and 316 ( 4) of BNS 2023. On com plet ion of invest igat ion charge sheet has been filed under Sect ions 406, 408, 409, 420, 467, 468, 471 and 120B I PC against t he present applicant . 4. I t is cont ended by t he learned counsel for t he applicant t hat t he applicant was serving as a Secret ary in a Societ y, nam ely, “ Masoli Mult ipurpose Cooperat ive Societ y from where he ret ired on Lim it ed” 31.01.2023 and hand- over t he charge t o one Bharat Singh Rawat . Aft er ret irem ent , a Four Mem ber Com m it t ee was const it ut ed wit h regard t o t he huge em bezzlem ent in t he Societ y and t he said Societ y subm it t ed it s report on 07.07.2023, and t he present applicant being Secret ary and one anot her person, nam ely, Am it Singh Negi w ho was serving as account ant were held responsible for t he em bezzlem ent . 5. Learned counsel for t he applicant subm it s t hat during t he inquiry proceedings for which Four Mem ber Com m it t ee was const it ut ed, no opport unit y was given t o t he present applicant t o give his version. Apart from t his, he argued t hat inst ead of fixing individual liabilit y aft er t he inquiry report st raight away FI R has been lodged. He
subm it s t hat applicant was arrest ed on 15.07.2025 and now charge sheet has been filed, and, as such, t here is no need of cust odial int errogat ion of t he applicant . He furt her subm it s t hat t he applicant has no previous crim inal ant ecedent . 6. On t he ot her side, Mr. Lohni, learned Brief Holder for t he St at e has not disput ed t hat charge sheet has already been filed. 7. Aft er hearing t he learned counsel for t he part ies and t aking int o considerat ion t hat charge sheet has already been filed and t he applicant is languishing in j ail since 15.07.2025, t his Court is of t he view t hat t he applicant deserves for bail. 8. Accordingly, t he bail applicat ion is allowed. 9. Let t he applicant “ Mohan Lal” be released on bail on his execut ing a personal bond and furnishing t wo reliable suret ies of t he like am ount t o t he sat isfact ion of t he court concerned. ( Ra k e sh Th a pliya l, J.) 1 4 .1 1 .2 0 2 5 Parul
