1

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Reserved on: 23.12.2021

Pronounced on: 27.12.2021

1. Bail App No. 400/2021/ CrlM No. 2316/2021.

Predhiman Krishan Koul aged 59 years S/O Sh. Makhan Lal

Koul R/O House No. 35, Sec1, Phase-II Rakinder Nagar

Bantlab Jammu, presently lodged in District Jail Ambphalla

Jammu;

2. Bail App No. 399/2021.

Hilal Ahmed Shiekh age 59 years s/o Mohd Ismail Sheikh

R/O Kolipora Nowapora Khangar Srinagar Kashmir (through

his brother Tariq Ahmed Sheikh). (Petitioner)

Through:- Sh. P.N Raina Sr. Advocate with,

Sh. Jahanjaib A. Hamal, Ms. Diksha Handoo, Advs.

Sh. S. S Ahmed, Advocate with.

Shiekh Najeeb Advocate.

Versus

Union Territory of J&K through Incharge Police Station

Central Bureau of Investigation Jammu (Respondent)

Through:- Ms. Monika Kohli, Advocate

CORAM: HON‟BLE MR. JUSTICE MOHAN LAL MANHAS, JUDGE

O R D E R

1. By this common order, I would disposed of two bail applications,

one filed by A-1, Predhiman Krishan Koul and another filed by A-

2, Hilal Ahmed Sheikh as both of them arise out of common FIR,

RC0042021A0012 dated 01.02.2021 registered with Police

Station CBI, ACB, Jammu for commission of offences U/s 7 of

Prevention of Corruption Act, 1988 r/w 120-B IPC.

2. A-1, Predhiman Krishan Koul has claimed bail on the grounds, that

he is posted as Technical Officer (T.O) to Superintendent

Sr.No. 108

2 Bail App Nos. 399 & 400 of 2021

Engineer (S.E) PW (R&B) Circle Udhampur-Reasi; the complainant

was allotted some work for construction of Medical Sub-Centre in

District Reasi in the year 2017-2018 whereas he was posted to

his present place of posting only in 2020; he has nothing to do

with the said allotment of work as he is working as Technical

Officer to Superintendent Engineer Udhampur and he had

absolutely no role to play in respect to any verification of bills

relating to work executed by the complainant; complainant came

with a bill which was far exceeding the amount which had been

sanctioned for the work allotted to the complainant; he was

arrested on 02.12.2021 by the respondent-CBI and now he is

presently lodged in judicial custody; he had filed bail application

before the CBI Court Jammu which was declined by the said

Court vide its order dated 09.12.2021; his liberty is of paramount

consideration as guaranteed under the Constitution and it would

be contrary to the concept of personal liberty if any person is

punished in respect of any alleged matter for which he has not

been found guilty or convicted thereof; grant of bail is a rule and

its refusal is an exception; he is an innocent and has not

committed any offence muchless the offence whereas the CBI

has charged him taking recourse to Section 7 of Prevention of

Corruption Act 1988 r/w 120-B IPC; the allegations made against

him would not constitute any offence yet the Court below has

only on one singular ground declined his request for bail; the

judgments which were relied on relating to fairness of

investigation and right to life and liberty have not even been

considered by the trial court; the accused from whom alleged

bribe money has been recovered has been admitted to bail by the

trial court; his incarceration would result in violation of his right

to life guaranteed to him under the Constitution of India; it is

3 Bail App Nos. 399 & 400 of 2021

true that the society has a vital interest in grant or refusal of

bail because every criminal offence is the offence against the

State, but it is equally true that the order granting or refusing

the bail must reflect perfect balance between the conflicting

interests namely sanctity of individua