IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Habeas Corpus No.20 of 2025

9th July, 2025 Subodh Shukla --Petitioner Versus State of Uttarakhand and Others --Respondents ----------------------------------------------------------------------

Presence:-

Mr. Arvind Vashistha, learned Senior Counsel assisted by Mr. Gaurav Singh, learned counsel for the petitioner.

Mr. J. S. Virk, learned DAG along with Mr. Rakesh Joshi, learned Brief Holder for the State.

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JUDGMENT : (per Mr. G. Narendar, C. J.

Heard learned Senior Counsel for the petitioner and learned DAG for the State.

2. The facts, in brief, are that on 25.05.2025, the petitioner was caught red-handed pursuant to a trap by the Vigilance Sector, Haldwani, after he had received a sum of ₹50,000/- from the complainant as bribe and it is alleged that the bribe was demanded for discharging his official duties.

3. Be that as it may, the core contention is that the order, extending the remand of the petitioner on 09.06.2025, is per se illegal and, hence, the petition be allowed and petitioner be enlarged from custody.

4. The complaint against the petitioner came to be registered as FIR No.05 of 2025, for offence punishable under Section 7 of the Prevention of Corruption Act, 1988. The order of first remand was passed on 25.05.2025 i.e. the day he was arrested, on which day, he was remanded to judicial custody; that, on 27.05.2025, the articles seized during the entrapment were produced before the Court and the petitioner was sent to judicial custody i.e. from

27.05.2025 to 09.06.2025.

5. While so, on 02.06.2025, an application came to be moved by the prosecution on behalf of the I.O. and, under the said application, permission of the court was sought for taking the voice sample of the accused Subodh Shukla in furtherance of the investigation; that, the Director of FSL, Dehradun fixed the date for recording of voice sample on 09.06.2025, incidentally, the date on which the accused was required to be presented for extension of remand. The Court, by order dated 02.06.2025, permitted the I.O. to take the accused to the FSL, Dehradun for obtaining voice sample. The order dated 02.06.2025 has a bearing on the instant petition and the same reads as under:-

“Dated 02.06.2025 In the said case, an application has been submitted by the prosecution on behalf of Mr. Vinod Kumar Yadav, Inspector/Investigating officer, Vigilance Sector Nainital, to the effect that the voice sample of the accused Subodh Shukla is to be taken in the said case, for which the date of 09.06.2025 has been fixed by the Joint Director Forensic Science proceedings of the said voice sample, the Superintendent Sub Jail Haldwani should be directed to present the accused in the Forensic Science Laboratory Uttarakhand Dehradun 09.06.2025 with 02-02 photographs and photocopies of Aadhar card.

2. The investigating officer has submitted a copy of the letter dated 22.05.2025 of the Forensic Science Laboratory, Uttarakhand, Dehradun, along with his application, which states that the recording of the voice sample is done in the presence of the magistrate or his appointed representative, the investigating officer and two witnesses and two photographs of the accused, Aadhar card, copy of FIR and voice transcript are mandatory.

3. Heard and perused the relevant documents.

5. Since the date of 09.06.2025 has been fixed by the Forensic Science Laboratory for taking the voice sample of the accused in the case. Therefore, the Superintendent Sub Jail Haldwani, District Nainital, is directed to ensure that the accused Subodh Shukla is presented before the Joint Director, Forensic Science Laboratory Uttarakhand Dehradun, on 09.06.2025 at 10.30 am for collection of voice sample with proper police security along with 02 photographs and a photocopy of his Aadhar card.

6. It is the responsibility of the investigating