Citation : 2023 Latest Caselaw 1278 UK
Judgement Date : 8 May, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.172 of 2023
Navdeep Singh Bhatia .... Applicant
Vs.
State of Uttarakhand ..... Respondent
Mr. Akhil Kumar Shah and Mr. Ayush Agarwal, counsel for the
applicant.
Ms. Manisha Rana Singh, AGA along with Ms. Shivali Joshi, Brief
Holder for the State of Uttarakhand.
Dated: 08.05.2023
Hon'ble Vivek Bharti Sharma, J. (Oral)
Applicant Navdeep Singh Bhatia, who is in
judicial custody in FIR No. 216 of 2022, under Sections 420,
467, 468, 471, 474, 120-B & 34 IPC, Police Station
Pantnagar, District Udham Singh Nagar, has sought his
release on bail.
2. Heard learned counsel for the parties and
perused the material available on file.
3. Learned counsel for the applicant would submit
that the only allegations against the applicant/accused is
that blank degrees of University of Meghalaya were received
at the instance and pointing out of applicant/accused and
such degrees do not come in the category of Valuable
Security, therefore, the offence under Section 467 IPC is not
made out against the applicant/accused. He would further
submit that the applicant/accused is in judicial custody
since 25.11.2022; charge sheet has already been filed and;
there is no criminal history against him.
4. To buttress his submissions, learned counsel for
the applicant would place reliance on a judgment of Hon'ble
Apex Court in re "Shriniwas Pandit Dharamadhikari vs. State
of Maharashtra and connected matters", (1980) 4 SCC 551.
5. Per contra, Ms. Manisha Rana Singh, AGA for the
State would vehemently oppose the bail application, however,
she does not dispute the fact as stated by counsel for the
applicant.
6. Having considered the entirety of facts, without
expressing any opinion about merits of the case before the
Trial Court, this Court is of the view that this is a case for
bail.
7. The bail application is, accordingly, allowed. Let
the applicant be released on furnishing bail bond with two
sureties in the amount of ₹ 70,000/- and personal bond of the
like amount to the satisfaction of the learned Trial Court. It
is directed that the applicant/accused will not leave India
without permission of the court.
(Vivek Bharti Sharma, J.) 08.05.2023 BS
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