St at e of Ut t arakhand v. Mr. Raj endra Kot iyal

Counsel for t he Respondent : Mr. Prat iroop Pandey, A.G.A. assist ed by Mr. Pradeep Lohani, Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. This is t he Second Bail Applicat ion. 2 . The Fir st Bail Applicat ion was dism issed as wit hdrawn on 15.07.2024 grant ing libert y t o file a fr esh bail applicat ion wit h bet t er part icular s. 3 . The applicant – Hansram Pant j udicial cust ody under Sect ion 7 of t he Pr event ion of Cor rupt ion Act , 1988 in Case Crim e No.6 of 2024, regist er ed at Vigilance Est ablishm ent Sect or, Dehradun. 4 . The case of t he prosecut ion t hat t he com plainant - Lak hpat Singh r eceived a grant of Rs.50,000/ - for goat farm ing. The said am ount was deposit ed in t he bank account of t he com plainant . Aft er t hat , t he applicant dem anded Rs.30,000/ - from t he com plainant . A com plaint 1 of Lakhpat Singh was received on t he Toll Free Num ber 1064 of t he Vigilance Est ablishm ent on 04.04.2024. The applicant again dem anded Rs.30,000/ - t hrough his m obile phone on 12.05.2024. On t he basis of pr elim inary enquiry and t he voice recording, provided by t he com plainant , a t rap t eam was form ed. While conduct ing t he t rap in fr ont of t wo independent wit nesses, provided by t he Dist rict Magist rat e, Dehradun, t he t rap in- charge arr est ed t he applicant while he was accept ing Rs.15,000.00 as bribe from t he com plainant in Raj Hot el, Pait hani Market , Pauri Garhwal at around 14.00 hrs on 21.05.2024. 5 . Hear d Mr. Raj endra Kot iyal, learned counsel for t he applicant and Mr. Prat iroop Pandey, learned A.G.A. assist ed by Mr. Pradeep Lohani, lear ned Brief Holder for t he St at e. 6 . Mr. Raj endra Kot iyal, Advocat e has cont ended t hat t he applicant has been falsely im plicat ed in t he present m at t er. Applicant t he Van Daroga t he Forest Depart m ent . He did not dem and any am ount from t he com plainant , w hereas proof of dem and and accept ance of bribe is sine qua non for est ablishing an offence under Sect ion 7 of t he Prevent ion of Cor rupt ion Act , 1988. On

14.11.2024, Mr. V.K. Jem ini, t he t hen Deput y Advocat e General for t he St at e, subm it t ed t hat t he first dem and was m ade by t he applicant on 12.05.2024. Mr. Prat iroop Pandey, A.G.A. subm it t ed on 09.12.2024 t hat t he first dem and was 2 m ade by t he applicant prior t o 12.05.2024, soon aft er receiving t he m oney, w hich was deposit ed in t he bank account of t he com plainant , while t he I nvest igat ing Officer inform ed t o t he Court t hrough his affidavit dat ed

16.12.2024 t hat t he first dem and was m ade prior t o

04.04.2024, t herefore, t he case of t he prosecut ion is highly doubt ful. 7 . Mr. Raj endra Kot iyal, Advocat e has furt her cont ended t hat t he applicant does not have any cr im inal ant ecedent s. He is a Gover nm ent Servant , t her efore, t here is no likelihood of his absconding as well. Charge- sheet has already been filed, t herefor e, t her e is no chance of t am pering wit h t he evidence, and, t he applicant j udicial cust ody since 22.05.2024. 8 . Opposing t he bail applicat ion, Mr. Prat iroop Pandey, A.G.A. for t he St at e has subm it t ed t hat during t he course of t he invest igat ion, t he I nvest igat ing Officer collect ed sufficient m at erial and on t he basis of oral and docum ent ary evidence, he filed charge- sheet against t he applicant . 9 . The obj ect of keeping t he accused in det ent ion during t he t rial is not punishm ent . The m ain pur pose is m anifest ly t o secure t he at t endance of t he accused. Ther e is not hing on r ecord t o indicat e t hat t he applicant had earlier been involved in any unaccept able act ivit ies. 1 0 . Having consider ed t he subm issions of learned 3 counsel for bot h t he part ies and t he fact s and circum st ances of t he case, no r eason is found t o keep t he applicant behind t he bar s for an indefinit e period, t her efore, wit hout expr essing any opinion as t o t he m erit of t he case, t his Court is of t he view t hat t he applicant deserves bail at t his st age. 1 1 . 1 2 . The Second Bail Applicat ion is allow ed. Let t he applicant – Hansram Pant be r eleased on bail on his execut ing a personal bond and furnishing t wo reliable suret ies, each in t he like am ount , t o t he sat isfact ion of t he court concerned on t he following condit ions: - i) Applicant shall at t end t he t rial court regularly and he shall not seek any unnecessary adj our nm ent ; ii) Applicant shall not dir ect ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person acquaint ed wit h t he fact s of t his case. ( iii) Applicant shall not leave t he count ry wit hout t he previous per m ission of t he t rial court . 1 3 . I t is clarified t hat if t he applicant m isuses or violat es any of t he condit ions, im posed upon him , t he prosecut ion agency will be fr ee t o m ove t he cour t for cancellat ion of bail. Dat e: 28.02.2025. JKJ/ Pant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. 4