HIGH COURT OF UTTARAKHAND
KAMLESH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1 1245 / 2025
Office Notes,
reports, orders or proceedings
SL.
Date or directions COURT’S OR JUDGE’S ORDERS
No.
and Registrar’s
order with Signatures
BA1 No.1245 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Harshpal Sekhon, learned counsel
for the applicant.
2. Mr. Deepak Bhardwaj, learned AGA for
the State.
3. Present applicant– Kamlesh S/o Nanhey Singh is seeking regular bail in relation to first information report dated 05.05.2025 bearing FIR No.0003 of 2025, Police Station Vigilance Sector, Haldwani, District Nainital, wherein the present applicant has been implicated and charge-sheeted for the offences punishable under Sections 7 of Prevention of Corruption Act, 1988 (amended
in 2018).
4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, and was serving as a Anganwadi Karya Karti in Sitarganj and her entire service record is unblemished and not a single complaint has been made either by any of the students or
their wards.
5. The brief facts of the case are that there is a scheme of giving scholarship to the students under the “Gaura Kanya Yojana and the complaint was that the present applicant asked to pay Rs.10,000/- for the Principal and Rs. 10,000/- for herself. On this, a preliminary enquiry was done, a trap team was constituted and the trap was done and the applicant was caught red handed and after completing the trap procedure, the hand of the applicant was washed with water containing chemical, namely,Sodium Carbonate and later on it turned into pink
colour.
6. Learned counsel for the applicant
submits that a false complaint was made by one Mohammad Danish with malafide intent and there was no any demand and there was no other purpose left to ask for paying bribe money since the entire amount towards scholarship was credited into the account of the students after passing class 12th
7. He further argued that, on 03.07.2025, charge-sheet has already been filed in which the cognizance has been taken. He submits that the present applicant is in judicial custody since 06.05.2025 and is a woman and her entire service record is unblemished andsince the charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the present applicant.
8. On the other side, Mr. Deepak Bhardwaj, learned Brief Holder for the State opposed the bail application by submitting that the applicant was caught red handed and before trap, a preliminary enquiry was done on the complaint of one Mohammad Danish and there are sufficient evidences of demand and acceptance, therefore, the applicant does not deserve for bail.
9. In response to this, learned counsel for the applicant submits that the present applicant is a house wife and also a mother of three children and the allegation was not found to be true since the allegation was with regard to Rs. 10,000/- of bribe money, but the recovery, as shown, is only for Rs.
2,000/-.
10. After hearing the arguments of learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed on 03.07.2025 and present applicant is a house-wife and ismother of three children and languishing in jail since 06.05.2025 and in the counter-affidavit, there is no any reference with regard to the past conduct of the applicant though learned counsel for the applicant submits that the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.