High Court · 2025

Mr. Ram j i Srivast ava and Mr. Vikram t he Singh Dhapola, Advocat es applicant . Mr. Akshay Lat wal, A.G.A. for t he St at e of Ut t arakhand. This first bail applicat ion has been 2. m oved by t he applicant seeking regular bail in F.I .R. No.05 of 2025, under Sect ion 7 of Prevent ion of Corrupt ion Act , 1988, regist ered at Police St at ion Vigilance Sect or Dehradun, Dist rict Dehradun. I t is cont ended by learned counsel for 3. t he applicant t hat t he applicant has been falsely im plicat ed in t he present case and has no previous crim inal ant ecedent s. I t is furt her subm it t ed t hat t he applicant is in j udicial cust ody since 14.05.2025. The m axim um punishm ent prescribed for t he offence under Sect ion 7 of t he Prevent ion of Corrupt ion Act , 1988, is seven years’ im prisonm ent . I t is subm it t ed t hat t he applicant undergone incarcerat ion for a period of about four m ont hs. already t he j udgm ent rendered by Learned counsel has placed reliance 4. t he Hon’ble Suprem e Court in t he case of Sat ender Kum ar Ant il Vs. Cent ral Bureau of I nvest igat ion & anot her, report ed in ( 2022) 10 SCC 51, wherein it has been held t hat , in cases, where t he punishm ent prescribed years’ im prisonm ent , arrest of t he accused is not m andat ory and, if m ade, t he Arrest ing Officer is required t o record his sat isfact ion as m andat ed under Sect ions 41( 1) ( b) ( i) t o is no t o be relied upon by and 41( 1) ( b) ( ii) of t he Code of Crim inal Procedure. I t is furt her subm it t ed t hat t he charge sheet has already been filed in t he m at t er and, t herefore, t he ent ire evidence sought t he prosecut ion st ands cryst allized. Hence, t he applicant likelihood of t here t am pering wit h t he prosecut ion evidence t he wit nesses. t he t hat Learned cust odial int errogat ion of t he applicant is no longer warrant ed, part icularly in view of t he fact t hat t he F.S.L. Report is st ill await ed. t he applicant be enlarged on bail, wit h an undert aking t hat he shall not m isuse t he libert y of bail and will furnish adequat e suret ies t o t he sat isfact ion of t his Court . influencing any of counsel t hus, prayed cont ends t hat is, I t Learned St at e Counsel vehem ent ly

5. opposed t he bail applicat ion. learned counsel

6. Having considered t he subm issions advanced by t he part ies, t he period of incarcerat ion already undergone by t he applicant , t he nat ure of allegat ions levelled against him , and t he fact t hat t he charge sheet has been filed, t his Court is of t he considered opinion t hat furt her cust odial det ent ion of t he applicant is not warrant ed.

7. The bail applicat ion is allowed. Let t he applicant , nam ely, Devesh 8. Kum ar Khugsal be released on bail, on execut ing personal bond and furnishing t wo reliable suret ies, each of like am ount , t o t he sat isfact ion of Court concerned, subj ect t o t he following condit ions: ( i) The applicant shall not m isuse t he libert y of bail in any m anner. ( ii) The applicant shall not , direct ly or indirect ly, m ake any inducem ent , t hreat or prom ise t o any person acquaint ed wit h t he t o dissuade fact s of t he case, so as t he j urisdict ion of t he t rial Court him / her from disclosing such fact s t o t he Court or t o any police officer. ( iii) The applicant shall appear before t he t rial Court on each and every dat e fixed, eit her personally or t hrough counsel, and shall cooperat e in t he expedit ious disposal of t he t rial. ( iv) The applicant shall not t errit orial wit hout it s prior perm ission. The applicant shall surrender his ( v) Passport , t he Court concerned and shall not apply for issuance of a new Passport wit hout perm ission of t he t rial court . ( vi) The applicant shall not indulge in any crim inal act ivit y or com m it an offence sim ilar t o t he one he is accused of, during t he period of bail. ( vii) I n case of breach of any of t he above it shall be open condit ions, t he prosecut ion t o m ove an appropriat e applicat ion for cancellat ion of bail. if any, before t o ( A l o k M a h r a , J.) 16.10.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL