Extracted from the PDF above. The PDF is authoritative.
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.2280 of 2025 Hon'ble Rakesh Thapliyal, J.
Ms. Lata Negi, learned counsel holding brief of Mr. B.M. Pingal, learned counsel for the applicant. 2. Mr. Vijay Pal, learned A.G.A. with Mr. Himashu Sain, learned Brief Holder for the State. 3. The present applicant-Bhuwan Chandra Bhatt, S/o Late Ram Dutt Bhatt is praying for regular bail in reference to FIR dated 24.10.2025, bearing FIR No.0007 of 2025 registered at P.S. Vigilance Establishment, Sector, Haldwani, District Nainital, wherein, the present applicant along with one Deepak Joshi has been implicated for the offences punishable under Section 7 of the Prevention of Corruption Act, 1988 (as amended 2018). 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been implicated with a malafide intent by the complainant, since the complainant himself is facing a proceeding, as, he has been challaned under the Forest Act and the co-accused Deepak Joshi is one of the witnesses in that proceeding. She further argued that while conducting trap, the procedure as laid down under the SOP has not been followed, since, the shadow witness was not standing with the complainant at the time of trap. She further argued that not only this even at the time of trap, the voice recorder was switched off. She further argued entire service record of the applicant is unblemished and he was never involved in any criminal activity and no disciplinary proceeding at any point of
time was ever initiated against the applicant. So far as, the recovery part is concerned, she submits that this aspect is certainly the subject matter of the trial, but prima facie this is nothing, but a case of malicious implication. 5. On the other side, Mr. Pal, learned AGA has not disputed that at the time of trap, the shadow witness was not standing with the complainant and also submits that the complainant is facing a proceeding as he has been challaned under the Forest Act and the other co-accused-Deepak Joshi (the Forest Guard) is one of the witness and also have not disputed that the applicants have no previous criminal history. 6.
After hearing the arguments of learned counsel for the parties, this Court is of the view that admittedly at the time of trap, the voice recorder was switched off and the shadow witness was not standing with the complainant, therefore, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant Bhuwan Chandra Bhatt 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. (Rakesh Thapliyal, J.)
04.12.2025 Ravi