Navin Ram vs State of Uttarakhand

Prafulla C. Pant, J.—Sri Sanjay Bhatt, Advocate, present for the applicant.

Sri M.A. Khan, Brief Holder, present for the State. Applicant Navin Ram, who is in jail in connection with Crime No. 251/2010 relating to offences punishable u/s 419, 420, 468, 170, 177, 120B IPC, Police Station Kotwali, District Almora, has sought his release on bail.

Heard learned Counsel for the parties.

Learned Counsel for the applicant submitted that applicant was a candidate for a Class IV post in Judgeship of Almora. It is alleged in the first information report that Jogindra Kumar Kohli (not the applicant) made a false call in the name of a Private Secretary to Hon''ble The Chief Justice for getting the applicant inducted in the job. It is pleaded by learned Counsel for the applicant that there is no allegation in the first information report that applicant got that call made through Jogindra Kumar Kohli. It is further pointed out that applicant is in jail for last ten months and the case is triable by Magistrate. The offence punishable u/s 419 IPC is a bailable offence. The maximum punishment provided for an offence punishable u/s 170 IPC is two years. Learned Counsel for the applicant submitted that as far as the offences punishable u/s 468 and 177 IPC are concerned, there is no evidence as against the present applicant. It is further pleaded that the applicant is not directly related to the co-accused Jogindra Kumar Kohli.

Having considered the submissions of learned Counsel for the parties and after going through the papers on record, in the above circumstances, since the main allegations in the first information report are against Jogindra Kumar Kohli, and not against the present applicant Navin Ram, as such, this Court is of the view that applicant Navin Ram deserves bail. Therefore, without expressing any opinion as to the final merits of the case, the bail application is allowed.

Let applicant Navin Ram be released on bail on executing a personal bond and furnishing two sureties, each of like amounts to the satisfaction of Chief Judicial Magistrate, Almora.