Uttarakhand High Court
BA1/1712/2025 on 16 October, 2025
2025:UHC:9340
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.1712 of 2025
Hon'ble Alok Mahra, J.
Mr. Ramji Srivastava and Mr. Vikram
Singh Dhapola, Advocates for the
applicant.
Mr. Akshay Latwal, 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.05 of 2025, under Section
7 of Prevention of Corruption Act, 1988,
registered at Police Station Vigilance
Sector Dehradun, District Dehradun.
3. It is contended by learned counsel for
the applicant that the applicant has been
falsely implicated in the present case and
has no previous criminal antecedents. It is
further submitted that the applicant is in
judicial custody since 14.05.2025. The
maximum punishment prescribed for the
offence under Section 7 of the Prevention
of Corruption Act, 1988, is seven years'
imprisonment. It is submitted that the
applicant has already undergone
incarceration for a period of about four
months.
4. Learned counsel has placed reliance
upon the judgment rendered by the
Hon'ble Supreme Court in the case of
Satender Kumar Antil Vs. Central Bureau
of Investigation & another, reported in
(2022) 10 SCC 51, wherein it has been
held that, in cases, where the punishment
prescribed is up to seven years'
imprisonment, arrest of the accused is not
mandatory and, if made, the Arresting
Officer is required to record his satisfaction
as mandated under Sections 41(1)(b)(i)
2025:UHC:9340
and 41(1)(b)(ii) of the Code of Criminal
Procedure. It is further submitted that the
charge sheet has already been filed in the
matter and, therefore, the entire evidence
sought to be relied upon by the
prosecution stands crystallized. Hence,
there is no likelihood of the applicant
tampering with the prosecution evidence
or influencing any of the witnesses.
Learned counsel contends that the
custodial interrogation of the applicant is
no longer warranted, particularly in view
of the fact that the F.S.L. Report is still
awaited. It is, thus, prayed that the
applicant be enlarged on bail, with an
undertaking that he shall not misuse the
liberty of bail and will furnish adequate
sureties to the satisfaction of this Court.
5. Learned State Counsel vehemently
opposed the bail application.
6. Having considered the submissions
advanced by learned counsel for the
parties, the period of incarceration already
undergone by the applicant, the nature of
allegations levelled against him, and the
fact that the charge sheet has been filed,
this Court is of the considered opinion that
further custodial detention of the applicant
is not warranted.
7. The bail application is allowed.
8. Let the applicant, namely, Devesh
Kumar Khugsal be released on bail, on
executing personal bond and furnishing
two reliable sureties, each of like amount,
to the satisfaction of Court concerned,
subject to the following conditions:
(i) The applicant shall not misuse the
liberty of bail in any manner.
(ii) The applicant shall not, directly or
indirectly, make any inducement, threat or
promise to any person acquainted with the
facts of the case, so as to dissuade
2025:UHC:9340
him/her from disclosing such facts to the
Court or to any police officer.
(iii) The applicant shall appear before the
trial Court on each and every date fixed,
either personally or through counsel, and
shall cooperate in the expeditious disposal
of the trial.
(iv) The applicant shall not leave the
territorial jurisdiction of the trial Court
without its prior permission.
(v) The applicant shall surrender his
Passport, if any, before the Court
concerned and shall not apply for issuance
of a new Passport without permission of
the trial court.
(vi) The applicant shall not indulge in any
criminal activity or commit an offence
similar to the one he is accused of, during
the period of bail.
(vii) In case of breach of any of the above
conditions, it shall be open to the
prosecution to move an appropriate
application for cancellation of bail.
(Alok Mahra, J.)
16.10.2025
Arpan
ARPAN
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2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20
dddb7393398f9fe45ba3e, postalCode=263001,
JAISWAL
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB
987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2025.10.16 16:58:25 +05'30'
2025:UHC:9340
