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2026 DAILYLAW 5602 (UTT)

BASANT LAL v. STATE OF UTTARAKHAND

BA1/1265/2025 · 2026-05-12

Alok Mahra

body2026

Judgment text

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2026:UHC:3619 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 BA1 No.1265 of 2025 Hon ’ble Alok Mah r a, J. Mr. Aditya Singh, Advocate for the applicant. Mr. Pratiroop Pandey, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0001 of 2025, under Sections 316(5), 336(2)(3), 338 of B.N.S., registered at Police Station Someshwar, District Almora. 3. As per the allegations levelled in the F.I.R., an audit conducted by the Department revealed that the applicant, while posted as Branch Postmaster, Bahasodi, allegedly embezzled an amount of ₹94,211/- from the government funds. It is further alleged that the applicant withdrew money from the accounts of customers of the Branch Post Office by forging their signatures. Upon completion of investigation, the Investigating Officer submitted the charge-sheet against the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; he has no criminal antecedents and is in judicial custody since 04.03.2025. It is contended that not a single account holder or customer of the concerned Branch Post Office has lodged any complaint alleging misappropriation or unauthorized withdrawal from their respective accounts against the 2026:UHC:3619 applicant. Learned counsel further submits that the entire prosecution case rests upon documentary evidence collected during the audit and investigation, all of which are already in the custody of the prosecution. It is argued that, since the charge-sheet has already been filed, no further custodial interrogation of the applicant is required. It is further submitted that there is no likelihood of the applicant tampering with the prosecution evidence or influencing any witness, particularly when the evidence relied upon by the prosecution is documentary in nature and already forms part of the case record. It is also argued that the conclusion of trial is likely to take considerable time; therefore, continued incarceration of the applicant would serve no useful purpose. Learned counsel for the applicant undertakes that the applicant shall cooperate with the trial proceedings and shall abide by any condition which may be imposed by the Court while enlarging him on bail. 5. Learned State Counsel vehemently opposed the bail application. 6. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the applicant is in judicial custody since 04.03.2025 and the investigation in the matter has already been completed and charge-sheet has been submitted. The prosecution case is primarily based upon documentary evidence, which is already in the custody of the prosecution. No material has been brought on record to indicate that the applicant would tamper with the evidence or influence the witnesses if 2026:UHC:3619 enlarged on bail. The applicant is stated to have no criminal antecedents and the trial is likely to take considerable time for its conclusion. 7. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed. 8. Let the applicant-Basant Lal be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. ( Alok Mah r a, J.) 12.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.12 18:07:09 +05'30'