C482/248/2022
2022 Latest Caselaw 2865 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   08th SEPTEMBER, 2022

 CRIMINAL MISCELLANEOUS APPLICATION NO.248 of 2022



Between:

Ankit Agrawal                               .....Applicant

and

State of Uttarakhand                       .....Respondent


Counsel for the Applicant   : Mr. Nandan Arya,
                              learned counsel.

Counsel for the State/
Respondent                  : Mr. Subhash Tyagi
                              Bhardwaj, learned Deputy
                              Advocate General assisted
                              by Mrs. Shivangi Gangwar,
                              learned Brief Holder for the
                              State.

Hon'ble Alok Kumar Verma,



           Vide order dated 07.12.2019 of the Co-ordinate

Bench of this High Court, the applicant-accused, Ankit

Agrawal, was granted bail in connection with the First

Information Report No.0042 of 2019, registered with

Police Station Bhimtal, District Nainital for the offence

under Sections 420, 466, 467, 468, 471 and 120B of IPC.

After completion of the investigation, the charge-sheet has

been filed adding Section 409 of IPC and Section 13(1)(d)

read with Section 13(2) of the Prevention of Corruption
                                  2

Act, 1988. The present application has been filed by the

applicant-accused, namely, Ankit Agrawal, under Section

482 of the Code of Criminal Procedure, 1973 to direct the

court concerned to release the applicant on the same bail

bond or to accept fresh bail bonds.

2.        Heard Mr. Nandan Arya, the learned counsel for

the applicant and Mr. Subhash Tyagi Bhardwaj, the

learned   Deputy   Advocate          General   assisted   by   Mrs.

Shivangi Gangwar, the learned Brief Holder for the State

3.        Mr. Pramod Kumar Shah, the Investigating

Officer, is present in-person.

4.        Mr. Nandan Arya, the learned counsel for the

applicant-accused, submitted that the applicant was not a

public servant and the said Sections were added on the

same facts, as mentioned in the First Information Report.

5.        The Investigating Officer fairly conceded that

the said Sections were added on the same facts, as

disclosed in the First Information Report. He further stated

that the applicant-accused was not a public servant.

6.        The learned counsel appearing for the applicant

has relied upon a judgment dated 03.12.2009 of the Co-

ordinate Bench of this High Court, passed in Criminal

Miscellaneous Application No.924 of 2009, "Mustaqeem

and Others vs. State of Uttarakhand and Another",

wherein it has been held, ".........., no Court can ask to seek
                                3

fresh bail for the section which was added in the charge-

sheet after the investigation. Once accused were released

on bail for the offence shown in the First Information

Report and later on if during investigation any other

section is added the only order which can be passed by

the court concerned is to ask the accused to furnish surety

and personal bond for the offence added in the charge-

sheet".

7.          Having   heard   the   learned   counsel   for   the

parties, the present application, filed under Section 482 of

the Code of Criminal Procedure, 1973, is allowed to this

extent that the applicant-accused, namely, Ankit Agrawal

is     permitted to continue to remain on bail also under

Section 409 of IPC and Section 13(1)(d) read with Section

13(2) of the Prevention of Corruption Act, 1988, provided

he furnishes fresh personal bond and sureties to the

satisfaction of the court concerned.


                                   ___________________
                                   ALOK KUMAR VERMA, J.

Dt: 08th September, 2022 Neha