Surya Kant vs State Of Uttarakhand

Alok Kumar Verma, J

Present 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.63 of 2023, registered at police station Manglaur, District Haridwar. Applicant is in judicial custody under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.

As per prosecution, informant Pramod Kumar lodged an FIR on 19.01.2023 that he needed a licence (Pollution under Control Certificate) for his firm. Applicant told him that he was familiar with the Pollution Control Board. He had taken one lakh seventy thousand rupees for getting the licence. He (applicant) handed over a licence (No. UPPCB/ ROR/ CON/ A-510/ 2019/ 28010 dated 19.12.2019) to the informant. Some other facts were also to be included in the said licence, for which applicant had taken ₹ one lakh. He (applicant) handed over a licence to the informant on 14.03.2022, which was also numbered as UPPCB/ ROR/ CON/ A-510/ 2019/ 28010. On 02.09.2022, Subhash Panwar and Ajeet Singh, Officers of the Pollution Control Board went to his factory. After checking the said licence by them, informant was informed that the said licence is fake.

Heard Mrs. Pushpa Joshi, learned Senior Advocate assisted by Mrs. Chetna Latwal, learned counsel for the applicant, Mr. Pramod Tiwari, learned Brief Holder for the State and Mr. Gaurav Singh, learned counsel for the informant/victim through video conferencing.

Although, learned State counsel and Mr. Gaurav Singh, Advocate, have opposed the bail application, but, there is no dispute between the parties that an FIR (No.817 of 2022) was lodged by the Regional Office, Uttarakhand Pollution Control Board in relation to the licence in-question and the First Information Report in the present case was lodged by the informant/ victim in relation to the same licence. After investigation, the Investigating Officer had filed a closure report in the case of First Information Report No.817 of 2022, while in the present case the charge-sheet has been filed.

Learned Senior Advocate contended that there is no evidence against the present applicant regarding the money transaction. Subsequent report cannot be lodged on similar facts. Applicant has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He is in custody since 12.04.2023, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Having considered the submission of 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 – Surya Kant 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.