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2025 DAILYLAW 1238 (UTT)

DURGESH PANT v. STATE OF UTTARAKHAND

BA1/62/2025 · 2025-04-22

Pankaj Purohit

body2025

Judgment text

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2025:UHC:2868 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.62 of 2025 Hon’ble Pankaj Purohit, J. Mr. C.K. Sharma, Advocate for the applicant. 2. Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State. 3. Applicant-Durgesh Pant is in jail in connection with F.I.R. No.16 of 2024 dated 20.09.2024, under Section 7 of Prevention of Corruption Act, 1988, Police Station Vigilance Establishment Sector, Haldwani, District Nainital. 4. It is contended by learned counsel for the applicant that the demand is a sine qua non of an offence under Prevention of Corruption Act, 1988. He further submits that there is no such evidence on record with regard to raising any demand of illegal gratification by the applicant from the informant-Naveen Chandra Joshi. 5. In order to buttress his argument, learned counsel for the applicant submits that pre trap conversation is on record at page 28 onwards of the bail application and from the perusal of pre trap conversation there is no iota of demand having been made by the applicant-accused. 6. Per contra, learned State counsel submitted that there is a demand raised on behalf of the applicant. 7. I have perused the pre trap conversation annexed by the parties in their respective pleadings from which it is apparent that a reference of ₹10,000/- has been made by the informant only, but there is no such demand having been raised at the hands of the applicant. 8. Learned counsel for the applicant further submits that the applicant is under incarceration since 20.09.2024. 9. Having considered the rival submission of the parties and having perused the fact that no demand, prima facie, has been 2025:UHC:2868 proved against the applicant-accused and he is under incarceration since 20.09.2024, this Court is of the view that this is a fit case to enlarge the applicant on bail. 10. Let the Applicant-Durgesh Pant 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. (Pankaj Purohit, J.) 22.04.2025 SK