High Court · 2025

H o n ' b l e Ra k esh Th a p l i y al , J. 1. Mr. D.K. Sharm a, learned Senior Advocat e assist ed by Mr. D.C.S. Rawat and Mr. Aj ay Joshi, learned counsel for t he applicant . 2. Mr. V.S. Pal, lear ned A.G.A. for t he St at e. 3. Mr. Saurabh Kum ar Pandey, lear ned counsel for t he com plainant . Present applicant Usha Saj wan, W/ o 4. Am it Saj wan is praying for regular bail in relat ion t o FI R dat ed 05.03.2025, bearing FI R No. 0070 of 2025, regist ered at P.S. Kot wali Kot dwar, Dist rict Pauri Garhwal wher ein t he pr esent applicant along wit h eight ot hers ( all ar e officials of depar t m ent of Gar hwal Mot or Ow ners Union Lt d. ( GMOU) have been t he offences punishable under Sect ions 406 and 420 I PC. 5. lear ned I t counsel for t he applicant t hat t he present applicant was ser ving as a Class- I Officer in t he capacit y of Sub-Ar ea Or ganizer in Param ilit ary Force ( SSB) and in t he year 2018 she t ook volunt ary r et irem ent . I t is also cont ended t he applicant was honour ed wit h a m edal by His Excellency, t he Pr esident of I ndia and t he Direct or General of t he For ce for her cont ribut ion. The enclosed ret irem ent , t he applicant was given honorary assignm ent of General Manager in t he GMOU in t he year 2019. Now, FI R has been lodged by one Vij ay Pal Singh wit h t he allegat ion t hat on t he basis of t he forensic audit of com pany ’s account som e reveals em ployees of t he com pany in connivance as Annexure- 4. Aft er is cont ended by in para 27 cert ificat e Dir ect ors t hat t hat t he I t t he t he t hat t his, is also argued is subm it t ed by r eport , and subm it s forged voucher s am ount ing t o obt ain wit h each ot her conspir ed unlawful gain and cause financial loss t o t he com pany by forging t he docum ent s t o Rs. 2,48,33,587/ - . 6. lear ned counsel for t he applicant t hat applicant is innocent and has been falsely im plicat ed and she j ail since languishing 18.06.2025, and at t he t im e of arrest ground of arr est was not provided. Apart t he applicant being a wom an be given benefit of Sect ion 480 of BNSS 2023. He furt her subm it s t hat t he present applicant has no crim inal ant ecedent s. t he ot her side, Mr. Saurabh 7. On t he counsel lear ned Pandey, t he bail com plainant seriously opposed filing a det ail count er applicat ion by int er nal affidavit giving det ails of invest igat ion t hat prim a facie wit hout exam inat ion of t he voucher and t he salary slip, t he paym ent wer e m ade wit h t he present applicant as w ell as t he Chairm an. 8. Mr. V.S. Pal, lear ned A.G.A. for t he St at e also point ed out t hat during invest igat ion som e m ore penal provisions have also been added, i.e., Sect ion 465, 467, 468, 471, 34 and 120B I PC and t he invest igat ion has yet not been com plet ed and t he char ge sheet has not been filed and subm it s enlar ged on bail t her e m ay be possibilit y t hat she can influence t he invest igat ion. Mr. Pal, also subm it s t he present applicant has no crim inal ant ecedent and applicant being a wom an m ay be given privilege in t er m s of Sect ion 480 of BNSS 2023. Aft er hearing t he argum ent s of t he 9. learned counsel for t he part ies and wit hout going t hrough t he m erit s of t he case and t aking int o considerat ion t he past hist ory of t he applicant t hat she was working as a Class- I officer, given various awar ds and t he approval of t he applicant t hat t hat applicat ion now languishing in j ail since 18.06.2025, t his Court is of t he view t hat t he applicant deserves for bail. 10. Accordingly, allowed. 11. Let t he applicant Usha Saj wan be released on bail on her execut ing a per sonal bond and furnishing t wo suret ies of t he like am ount t o t he sat isfact ion of t he court concerned. I t is m ade clear t hat aft er being 12. released on bail, t he applicant shall not m ake any at t em pt s t he invest igat ion and she will not leave t he count y wit hout leave of t his Court . I t is furt her m ade clear t hat grant of bail t o t he present applicant will not be t r eat ed as precedent t he rem aining accused. in r espect of influence t o ( Ra k e sh Th a p l i y a l , J.) 1 5 .0 7 .2 0 2 5 Parul