2025:UHC:5456 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2/153/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Sameeksha Negi, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Mr. Ayush Aggarwal, learned counsel for the complainant. 3. This is the second bail application since the first bail application was dismissed as withdrawn on 13.06.2025. 4. Present Applicant-Mohan Singh Toliya is praying for regular bail in relation to First Information Report dated 25.04.2024 bearing FIR No.0009 of 2024, Police Station-Vigilance Centre, Haldwani, District Nainital, wherein the present applicant has been implicated for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. 5. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and is languishing in jail since 26.04.2024 and the charge-sheet has already been filed, and as such there is no need of custodial interrogation of the present applicant. 6. Apart from this, he submits that the prosecution case is absolutely false, since neither there is any demand, nor any acceptance. He further submits that there is no any pending work of the complainant even all the pending bills were already cleared before the trap. It is further submitted that the amount as recovered is planted by trap team. 7. Learned counsel for the applicant also submits that the applicant has no previous criminal history and the entire service record 2025:UHC:5456 of the applicant is unblemished and not a single complaint during the entire service period was made by any of the persons. 8. Mr. Ayush Aggarwal, learned counsel for the complainant, vehemently opposed the bail application by submitting that his client is against the corruption and though there was no any dues but since the complainant was a regular Contractor with the Department, therefore, there was a demand. 9. Learned State counsel also submits that after collecting credible evidences, the charge- sheet has been filed, however, he has not disputed this fact that since the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant and the present applicant has no previous criminal history. 10. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the applicant is languishing in jail since 26.04.2024 and the charge-sheet has already been filed, and as such, there is no need of custodial interrogation of the present applicant, this Court is of the view that the present applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 12. Let the applicant, namely, Mohan Singh Toliya, 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.) 26.06.2025 R.Bisht 2025:UHC:5456