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Judgment
Alok Kumar Verma, J
Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.261 of 2020, registered at police station Jaspur, District Udham Singh Nagar.
The First Bail Application (No.279 of 2024) was dismissed as withdrawn on 12.03.2024.
In compliance with the order, passed by this Court in Writ Petition (PIL) No.33 of 2019, a Special Investigation Team was constituted. Inspector Mr. Bheem Bhaskar Arya was a member of the said Team. He enquired the matter. After completion of the enquiry, he lodged an FIR on 26.07.2020 against the present applicant and co-accused persons.
Heard Mr. Ankush Kumar Tyagi, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.
Mr. Ankush Kumar Tyagi, learned counsel for applicant, contended that the applicant has been shown as a middleman. He is an innocent person. He has been implicated in the present matter. He was not beneficiary of the scholarship scheme. He has not received any amount of scholarship. Two co-accused persons have been granted bail by this Court. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. He is not a previous convict. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant is in judicial custody since 01.02.2024.
Mr. Rakesh Negi, learned Brief Holder has opposed the Bail Application orally.
Having considered the submissions of the learned counsel for both the parties and in the facts and circumstances of the case, there is no reason 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.
The Bail Application is allowed.
Let the applicant Chandra Prakash 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.