Uttarakhand High Court
Dilbag Singh ... Applicant (In Jail) vs State Of Uttarakhand on 13 May, 2019
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
1st Bail Application No. 26 of 2019
Order on bail application of the accused
Dilbag Singh ... Applicant (in jail)
Vs
State of Uttarakhand ... Opp. Party
Hon'ble Manoj K. Tiwari, J.
Heard Mr. Lalit Sharma, learned counsel for the applicant, Mr. Partiroop Pande, learned A.G.A. for the State and perused the records.
Applicant is in jail being implicated in FIR No. 32 of 2017, under Sections 167, 218, 219, 409, 420, 466, 465, 467, 468, 471, 474, 120-B, 34 of I.P.C. and Section 13(1)(d)/8/9 of Prevention of Corruption Act, registered in Police Station Pantnagar, District Udham Singh Nagar.
Learned counsel for the applicant submits that applicant is in jail since 19.09.2018. He further submits that applicant has been falsely implicated in the present case and the only allegation against him is that he has received more amount as compensation than what was due to him. Learned counsel for the applicant further submits that declaration under Section 143 of UPZA&LR Act was made in respect of applicant's land after due verification on 29.09.2012 i.e. much before the land was acquired under National Highways Act, 1956. Thus, according to learned counsel for the applicant, the allegation of fraud is not made out against the applicant. He further submits that other co-accused persons, who have been assigned the main role, have been granted bail by this Court.
Considering the facts and circumstances of the case as well as on the ground of parity, this Court is of the opinion that applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed.
2Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
It is made clear that any observation made by this Court is only for the purpose of disposal of bail application. It shall not be taken into consideration at all in any other proceedings.
(Manoj K. Tiwari, J.) 13.05.2019 Aswal