IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
nd
22 MARCH, 2024
BAIL APPLICATION NO. 515 of 2024
Anil Kumar alias Anil Ojasvi …Applicant
Versus
State of Uttarakhand …Respondent
Counsel for the Applicant : Mr. Pranav Singh, Advocate.
Counsel for the State : Ms. Manisha Bhandari,
Special Counsel.
Hon’ble Alok Kumar Verma,J.
This Application under Section 439 of the Code
of Criminal Procedure, 1973 has been filed for grant of
regular bail in connection with the Case Crime No.12 of
2023, registered at police station Kankhal, District
Haridwar.
2. The applicant- Anil Kumar alias Anil Ojasvi is in
judicial custody under Sections 409, 420, 120B of the
Indian Penal Code, 1860, Section 9, Section 10 of the
Uttar Pradesh Public Examinations (Prevention of Unfair
Means) Act, 1998 (as applicable in the State of
Uttarakhand), Section 8 and Section 12 of the Prevention
of Corruption Act, 1988.
3. As per the First Information Report, Mr. Pradeep
Singh Rana, the Inspector, received an information on
12.01.2023 that several persons were involved in a scam
related to paper leak for the post of Patwari/Lekhpal. The
said examinations were conducted on 08.01.2023. The
2
First Information Report was registered against co-
accused persons.
4. Heard Mr. Pranav Singh, learned counsel for the
applicant and Ms. Manisha Bhandari, learned Special
Counsel for the State.
5. Opposing the Bail Application, Ms. Manisha
Bhandari, Advocate, submitted that during the course of
the investigation, it was found that the present applicant
along with co-accused-David, Sunil Saini and Abhay Ram
had taken 20-25 candidates to Dynamic ITI, situated in
village Kalsia, District Saharanpur (Uttar Pradesh) and got
the leaked paper solved.
6. Mr. Pranav Singh, Advocate, contended that the
present applicant has been falsely implicated in the
present matter. Co-accused persons of the similar role
have been granted regular bail by this Court. Applicant is
not a previous convict. He is a permanent resident of
District Saharanpur (Uttar Pradesh), therefore, there is no
chance of his absconding. Charge-sheet has already been
filed, and, applicant is in judicial custody since
23.10.2023.
7. 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.
8. The Bail Application is allowed.
9. Let the applicant – Anil Kumar alias Anil Ojasvi,
be released on bail on his executing a personal bond and
3
furnishing two reliable sureties, each in the like amount, to
the satisfaction of the court concerned on 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.
10. It is clarified that if the applicant misuses or
violates any of the conditions, imposed upon him, the
prosecution agency will be free to move the court for
cancellation of bail.
___________________
ALOK KUMAR VERMA, J.
Dt:22.03.2024
Shiksha