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2025 DAILYLAW 3631 (UTT)

SHIV KUMAR SAINI v. STATE OF UTTARAKHAND

BA1/405/2025 · 2025-03-07

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1594 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/405/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Aditya Singh, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present applicant Shiv Kumar Saini is praying for regular bail in relation to FIR dated 08.01.2025, registered as FIR No. 0003 of 2025 at P.S. Gopeshwar, District Chamoli wherein the present applicant has been implicated for the offences punishable under Sections 318(4), 336(3), 338 and 340 (2) of BNS 2023. 4. The allegation, as per the FIR, is that the present applicant made certain interpolation in the intermediate mark- sheet, and on the basis of such interpolated mark-sheet he got appointment in the year 2008, in which an inquiry was done by the Education Department, and during inquiry he was placed under suspension, and, subsequently he was terminated from the service. After terminating the service of the applicant, the FIR has been lodged with the allegation that the petitioner interpolated the mark-sheet. 5. Mr. Aditya Singh, learned counsel for the applicant submits that the mark- sheet has been issued by the concerned Board that was used by the applicant for higher studies, and thereafter he was appointed after participating in the selection process. He further submits that only one mark-sheet of intermediate examination was issued by the concerned Board, and this is not the case 2025:UHC:1594 of the prosecution that another mark- sheet was issued by the concerned Board and in that some interpolation was made and the investigating agency compared this mark-sheet with the Gazette notification. 6. Apart from this, learned counsel for the applicant submits that the applicant has no previous criminal history and he is languishing in jail since 06.02.2025. 7. On the other side, Mr. V.S. Pal, learned A.G.A. argued that in the departmental inquiry, conducted by Education Department, there was a conclusion that since some interpolation was made in the mark-sheet, therefore, it was forged. He further submits that investigation is going on, however, he has not disputed this fact that the applicant has no previous criminal history. 8. After hearing the arguments of the learned counsel for the parties and further after gone through the FIR, this Court is of the view that the applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 9. Let the applicant- Shiv Kumar Saini 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. 10. It is made clear that the applicant will cooperate with the investigation after being released on bail (Rakesh Thapliyal, J.) 07.03.2025 Parul 2025:UHC:1594