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2026 DAILYLAW 896 (UTT)

HAKAM SINGH v. STATE OF UTTARAKHAND

BA1/1946/2025 · 2026-01-21

Alok Mahra

body2026

Judgment text

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2026:UHC:608 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.1946 of 2025 Hon’ble Alok Mahra, J. Mr. A.S. Rawat, Senior Advocate, assisted by Mr. Gaurav Paliwal, Advocate for the applicant. Mr. G.S. Sandhu, Additional Advocate General, Mr. Himanshu Sain and Mr. Deepak Bhardwaj, Brief Holder for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.509 of 2025, under Section 12(3) of the Prevention and Control of Unfair Means in Recruitment Ordinance, 2023, registered at Police Station Patel Nagar, District Dehradun. 3. Learned Senior Counsel appearing on behalf of the applicant submits that the applicant has been falsely implicated in the present case and has been in judicial custody since 20.09.2025. It is contended that no specific role has been attributed to the applicant in the alleged offence. Learned Senior Counsel further submits that prior to the registration of the F.I.R., on 09.09.2025, a video was circulated on social media platforms, wherein one Pankaj Gaur was allegedly seen negotiating terms and conditions with another person in relation to his selection in the said examination. It is submitted that the applicant has no connection, association, or nexus whatsoever with Pankaj Gaur or with the conversation depicted in the said viral video. Learned Senior Counsel emphasizes that neither the name of the applicant finds mention in the said video nor is there any reference to his involvement in the alleged offence. It is further submitted that no recovery of the alleged question paper or 2026:UHC:608 any incriminating amount has been effected from the possession of the applicant. The applicant has been implicated solely on the basis of the alleged confessional statement of a co-accused, which, by itself, cannot form the basis for conviction or justify prolonged incarceration. Learned Senior Counsel further submits that even the F.I.R. records that no unfair means were adopted in the examination conducted by the Uttarakhand Subordinate Selection Commission and that no money was transferred by any of the candidates. 4. Learned Senior Counsel also submits that the co-accused, namely Pankaj Gaur, has already been enlarged on bail by a Coordinate Bench of this Court in BA1 No. 71 of 2026, vide order dated 14.01.2026. It is contended that the present case squarely attracts the principle of parity. He submits that in the event the applicant is granted bail, he shall not misuse the liberty so granted and shall furnish bail bonds and sureties to the satisfaction of this Court. 5. Learned State Counsel vehemently opposed the bail application. 6. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage on the ground of parity. 7. The bail application is allowed. 8. Let the applicant, namely, Hakam Singh be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) Vacation Judge 21.01.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.21 18:51:07 +05'30' 2026:UHC:608