Uttarakhand High Court
BA1/412/2018 on 24 October, 2018
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
BA1 No. 412 of 2018 Hon'ble Manoj K. Tiwari, J.
Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Subhang Dobhal, Advocate for the applicant.
Mr. G.S. Sandhu, G.A. along with Mr. J.S. Virk, AGA for the State.
Heard learned Counsel for the parties.
Applicant Anil Kumar, seeks bail in connection with FIR No. 32 of 2017 for the offences punishable under Sections 167, 218, 219, 409, 420, 465, 466, 467, 468, 471, 474, 120-B/34 of IPC & Sections 13(1), 8, 9 & 13 of the Prevention of Corruption Act registered at Police Station Pant Nagar, District Udham Singh Nagar. He is in jail since 06.11.2017.
According to learned Counsel for the applicant FIR was lodged against the applicant on 10.03.2017 alleging therein that huge financial loss has been caused to the Government by wrongfully awarding compensation for the land acquired for construction of National Highway 74. It is also alleged that some land owners were awarded compensation 8 to 10 times more than what was actually payable.
The learned Counsel for the applicant further submitted that the applicant was serving as Sangrah Amin in Tehsil Jaspur. The applicant has no criminal history, there is no credible evidence against the applicant and he has been falsely implicated in the matter.
Learned Counsel for the State opposed the bail of applicant on the ground that the applicant was not authorized to make entries, but he made backdates entries in the Registrar Office and in R-6 register.
In the above circumstances, without expressing any opinion, as to final merits of the case, this Court is of the view that applicant deserves bail.
Accordingly, bail application is allowed. Let applicant be enlarged on bail on his executing a personal bond and furnishing two sureties of the like amount to the satisfaction of the court concerned.
If at any point of time, it is found that the applicant is misusing the bail, the leaned Court below shall be at liberty to cancel his bail, in accordance with law.
(Manoj K. Tiwari, J.) 24.10.2018 Sanjay/Shiksha