Ankesh Shukla vs State Of Uttarakhand

Alok Kumar Verma, J

This First Bail Application is filed for grant of regular bail in connection with F.I.R. No. 0155 of 2019, registered with Police Station Dineshpur,

District Udham Singh Nagar for the offences punishable under Sections 420, 467, 468 & 120B of the I.P.C.

An F.I.R. was lodged on 01.11.2019 against 17 persons. According to the FIR, the Deputy Education Officer received an information that at the

time of the examination of Class 12th of National Institute of Open School, some students of Devbandhu Inter College Pipiliya No. 1, Gadarpur were

writing answer sheet illegally under the roof of a house. This information was given to the S.D.M., who went to Thana. They all visited the place and

found that in the house of the applicant-accused Saurabh Kumar, some people after taking money had allowed the students to give examinations.

There were 11 students who were writing the answer sheets. The co-accused Saurabh Kumar was the invigilator.

Heard Mr. Lalit Sharma, learned counsel for the applicant/accused and Mrs. Meena Bisht, learned Brief Holder for the State of Uttarakhand.

Learned counsel for the applicant submits that the applicant is an innocent person; the arrest of the applicant is based on forged, fabricated and

concocted story; the applicant-accused has no criminal history; the applicant is a resident of the District Udham Singh Nagar, the applicant is in the

custody since 14.11.2019. The learned counsel for the applicant further submits that almost all the accused persons had been granted bail.

The learned counsel for the State opposed the bail application, however, the learned counsel for the State admits that the applicant-accused has no

criminal history and almost all the accused persons are bailed out.

The bail is the rule and committal to jail is an exception. Refusal of the bail is a restriction on the personal liberty of the individual guaranteed under

Article 21 of the Constitution of India. The personal liberty is very precious fundamental right and it should be curtailed only when it becomes

imperative according to the facts and circumstances of the case.

The applicant is in judicial custody since 14.11.2019. In the facts and circumstances of this case, there is no reason to keep the applicant behind the

bars for an indefinite period.

Considering the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the

applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant 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 concerned Court.