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2024 DIGILAW 22 (UTT)

Arjun Singh v. State of Uttarakhand

2024-01-05

ALOK KUMAR VERMA

body2024
JUDGMENT : Alok Kumar Verma, J. Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.01 of 2020, registered at Vigilance Establishment Sector Dehradun, District Dehradun. 2. The present applicant is in judicial custody under Sections 420, 465, 467, 468, 471, 201 and Section 120B of the Indian Penal Code, 1860. 3. Mr. Pradeep Pant, the Inspector, Vigilance Sector, Dehradun, lodged an FIR on 08.01.2020 that he had conducted an open enquiry regarding the rigging in the Gram Panchayat Development Officers Examination, 2016, in which, serious irregularities were found. After conclusion of the investigation, a charge-sheet was filed against the present applicant and co-accused persons. 4. Opposing the bail application, Mr. Lalit Sharma, Advocate, appearing for the State, submitted that the present applicant along with co-accused Rajnish Kumar had collected money from the aspirants in order to get them selected in the said examination and handed over the said money to the co-accused Sanjeev Chauhan, the brother of the co-accused Rajnish Kumar, the owner of RMS Techno Solution India Pvt. Ltd. The said Company was given contract to conduct the said examination. 5. Mr. S.R.S. Gill, Advocate, contended that the applicant has been implicated in the present matter. He did not receive any money from any person. Co-accused Sanjeev Chauhan was granted bail by the Court of Session. Applicant does not have any criminal antecedents. He is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no chance of his absconding. Charge-sheet has already been filed. Co-accused of the similar role, namely, Rajnish Kumar, has been granted bail by this Court. 6. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage. 7. The Bail Application is allowed. 8. 7. The Bail Application is allowed. 8. Let the applicant – Arjun Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions:- (i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. (iii) Applicant shall not leave the country without the previous permission of the Trial Court. 9. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to file an application to cancel the bail.