Alok Kumar Verma, J
1. The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for regular bail in connection with the First Information Report No.321 of 2022, registered at police station Kotdwar, District Pauri Garhwal.
2. The applicant-Pankaj Singh Rawat is in judicial custody for the offence under Sections 409, 420, 467, 468, 471, 120B of the Indian Penal Code, 1860, Section 7A and Section 13 of the Prevention of Corruption Act, 1988.
3. As per the case of the prosecution, in the enquiry conducted by the Nagar Nigam, Kotdwar, it was found that illegal payment of Rs.96,34,860/-(Rupees Ninety Six Lakh Thirty Four Thousand Eight Hundred Sixty) was made from the accounts of the Nagar Nigam, Kotdwar. Therefore, a First Information Report was registered against the present applicant and other five co-accused.
4. Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.
5. Mr. Lalit Sharma, Advocate, has contended that the applicant has been falsely implicated in the present matter. The work was assigned to the contractors by the Nagar Nigam. Applicant was posted as a clerk in Nagar Nigam office. He neither had the authority to grant contract to any person nor the right to pass the bills. He also had no right to issue cheques to the contractors. He is not a previous convict. He has been in judicial custody for more than a year. Three co-accused have been granted bail by this Court. Applicant is a Government servant, therefore, there is no likelihood of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.
6. The respondent had sought time to file objection(s) on 19.09.2024. Respondent was granted time to file objection(s). Objection(s) has not been filed by the respondent. Mr. Rakesh Negi, learned Brief Holder has opposed the bail application orally.
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 – Pankaj Singh Rawat be released on bail on his executing a personal bond and 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.
