IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.628 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Yashwant Singh Chauhan ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.07/09, U/Ss 7/13(1)(d) r/w Section 13(2) of Prevention of Corruption Act, 1988, P.S. Vigilance Sector, Dehradun Dated: December 4, 2009 Hon’ble Dharam Veer, J. Heard Sri Lokendra Dobhal, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief, the prosecution case is that the applicant, who is a Naib Tehsildar and a public servant, was caught red handed on the spot by the Team of Vigilance headed by Inspector Mahipal Singh on 28.5.2009 at about 6:35 PM from Pauri while receiving the bribe of Rs.15,000/- from the complainant Yashwant Singh Rauthan in lieu of not taking any action against the sons of the complainant as the applicant-accused was posted as the I.O. to investigate the case. The necessary formalities for conducting the trap, as provided under the Act, were also been fulfilled. Learned counsel for the applicant submitted that the accused has falsely been implicated in this case. On the other hand, Sri M.A. Khan, learned Brief Holder has submitted that the applicant/accused, being a public servant, demanded Rs.15,000/- as illegal gratification and the applicant was caught red handed while taking bribe of Rs.15,000/-. He further submitted that the applicant, who was the I.O. in a case in which the sons of the complainant were the accused, had demanded the above-said money in a matter pending before him for doing the investigation in favour of the complainant. He further submitted that it is nothing but a misuse of the official position by the applicant. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and also on perusal of the counter affidavit filed by the State and particularly considering the gravity of the offence that the applicant being a public servant demanded Rs.15,000/- for doing investigation in favour of the complainant and that he was caught red handed while taking the bribe, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant does not deserve bail at this stage. Accordingly, the bail application is rejected. (Dharam Veer, J.) 04.12.2009 Rajeev Dang