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2025:UHC:10110 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
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Hon 'ble Rak esh Th apliy al, J.
1. Mr. R.P. Nautiyal, learned Senior Advocate assisted by Mr. Pavan Nath,
learned counsel for the applicant.
2. Mr. Pradeep Lohni, learned Brief Holder for the State.
3. Present applicant-Mohan Lal, S/ o Madan Ram is praying for bail in reference to FIR dated 13.01.2025, registered as FIR/ Case Crime No. 0002 of 2025 at P.S. Pokhri District Chamoli wherein the present applicant along with one Amit Singh Negi have been implicated for the offences punishable under Sections 316(2) and 316 (4) of BNS
2023. On completion of investigation charge sheet has been filed under Sections 406, 408, 409, 420, 467, 468, 471 and 120B IPC against the present applicant.
4. It is contended by the learned counsel for the applicant that the applicant was serving as a Secretary in a Society, namely,
“Masoli Multipurpose Cooperative Society Limited” from where he retired on 31.01.2023 and hand-over the charge to one Bharat Singh Rawat. After retirement, a Four Member Committee was constituted with regard to the huge embezzlement in the Society and the said Society submitted its report on 07.07.2023, and the present applicant being Secretary and one another person, namely, Amit Singh Negi who was serving as accountant were held responsible for the embezzlement.
5.
Learned counsel for the applicant submits that during the inquiry proceedings for which Four Member Committee was constituted, no opportunity was given to the present applicant to give his version. Apart from this, he argued that instead of fixing individual liability after the inquiry report straightaway FIR has been lodged. He
2025:UHC:10110 submits that applicant was arrested on 15.07.2025 and now charge sheet has been filed, and, as such, there is no need of custodial interrogation of the applicant. He further submits that the applicant has no previous criminal antecedent.
6. On the other side, Mr. Lohni, learned Brief Holder for the State has not disputed that charge sheet has already been filed.
7. After hearing the learned counsel for the parties and taking into consideration that charge sheet has already been filed and the applicant is languishing in jail since 15.07.2025, this Court is of the view that the applicant deserves for bail.
8. Accordingly, the bail application is allowed.
9. Let the applicant “Mohan Lal” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
( Rak esh Th apliyal, J.)
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2025:UHC:10110