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.833 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. K.K. Harbola, learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State .
3. Present applicant– Jairam S/o Sri Narayan Ram is seeking regular bail in relation to first information report dated 23.04.2025 bearing FIR No. 0010 of 2025, Police Station Paati, District Champawat, wherein the present applicant has been implicated for the offences punishable under Sections 316, 318, 336 and 338 of BNS,
2023.
4. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated and he was serving as a Cadre Secretary in Multipurpose Resource Co-operative Societies, Dubad of District Champawat.
5. He submits that in reference to the same set of allegation as alleged in the FIR, the applicant was placed under suspension on 22.07.2024 after holding preliminary enquiry, however, up till date, the departmental proceeding has not been concluded so far.
6.
Learned counsel for the applicant further submits that even in the preliminary enquiry, there is no any charge with regard to the embezzlement except that the applicant caused a huge loss to the Society.
7. He also submits that so far this FIR is concerned, after lodging the FIR, the notices were issued to the applicant and in pursuant thereto, the applicant deposited a sum of Rs.2,73,217/- (Two Lakh Seventy Three Thousand and Two Hundred Seventeen
Rupees Only) and for the remaining amount, he submits that he is not responsible for this. Apart from this, he submits that in this FIR, on completion of the investigation, the charge-sheet has already been filed on 24.07.2025, therefore, at this juncture, there is no need of custodial interrogation of the present applicant. Apart from this, he also argued that since the applicant is languishing in jail, therefore, the departmental proceeding, as initiated by the Department, could not be concluded.
8. On the other side, Mr. Siddhartha Bisht, learned AGA for the State have not disputed this fact that the charge-sheet has already been filed on 24.07.2025, therefore, at this juncture, there is no need of custodial interrogation of the present applicant, and, furthermore, the applicant is having no previous criminal history.
9. After hearing the
arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed on 24.07.2025, and as such, there is no need of custodial interrogation of the present applicant, and, furthermore, the departmental enquiry as initiated by department against the applicant
in reference to the same nature of allegation has not been concluded so far, this Court is of the view that the applicant deserve for bail.
10. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed.
11. Let the applicant, namely, Jairam, 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.
(Rakesh Thapliyal, J.) 12.08.2025 R.Bisht