HIGH COURT OF UTTARAKHAND
BASANT LAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1 1265 / 2025
##PAGE1##
2026:UHC:3619
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.1265 of 2025
Hon’ble Alok Mahra, J.
Mr. Aditya Singh, Advocate for the
applicant.
Mr. Pratiroop Pandey, A.G.A. for the
State of Uttarakhand.
2. This first bail application has been
moved by the applicant seeking regular
bail in F.I.R. No.0001 of 2025, under
Sections 316(5), 336(2)(3), 338 of
B.N.S., registered at Police Station
Someshwar, District Almora.
3. As per the allegations levelled in the
F.I.R., an audit conducted by the
Department revealed that the applicant,
while posted as Branch Postmaster,
Bahasodi, allegedly embezzled an
amount of ₹94,211/- from the
government funds. It is further alleged
that the applicant withdrew money from
the accounts of customers of the Branch
Post Office by forging their signatures.
Upon completion of investigation, the
Investigating Officer submitted the
charge-sheet against the applicant.
4. Learned counsel for the applicant
submits that the applicant has been
falsely implicated in the present case; he
has no criminal antecedents and is in
judicial custody since 04.03.2025. It is
contended that not a single account
holder or customer of the concerned
Branch Post Office has lodged any
complaint alleging misappropriation or
unauthorized withdrawal from their
respective accounts against the
##PAGE2##2026:UHC:3619
applicant. Learned counsel further
submits that the entire prosecution case
rests upon documentary evidence
collected during the audit and
investigation, all of which are already in
the custody of the prosecution. It is
argued that, since the charge-sheet has
already been filed, no further custodial
interrogation of the applicant is required.
It is further submitted that there is no
likelihood of the applicant tampering with
the prosecution evidence or influencing
any witness, particularly when the
evidence relied upon by the prosecution
is documentary in nature and already
forms part of the case record. It is also
argued that the conclusion of trial is
likely to take considerable time;
therefore, continued incarceration of the
applicant would serve no useful purpose.
Learned counsel for the applicant
undertakes that the applicant shall
cooperate with the trial proceedings and
shall abide by any condition which may
be imposed by the Court while enlarging
him on bail.
5. Learned State Counsel vehemently
opposed the bail application.
6. Having heard learned counsel for
the parties and upon perusal of the
material available on record, this Court
finds that the applicant is in judicial
custody since 04.03.2025 and the
investigation in the matter has already
been completed and charge-sheet has
been submitted. The prosecution case is
primarily based upon documentary
evidence, which is already in the custody
of the prosecution. No material has been
brought on record to indicate that the
applicant would tamper with the
evidence or influence the witnesses if
##PAGE3##2026:UHC:3619
enlarged on bail. The applicant is stated
to have no criminal antecedents and the
trial is likely to take considerable time for
its conclusion.
7. Accordingly, without expressing any
opinion on the ultimate merits of the
matter, this Court is of the considered
view that the applicant has made out a
case for grant of bail at this stage. The
bail application is allowed.
8. Let the applicant-Basant Lal be
released on bail, on executing personal
bond and furnishing two reliable sureties,
each of like amount, to the satisfaction of
Court concerned.
(Alok Mahra, J.)
12.05.2026
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