LAWS(UTN)-2023-9-3

DEVNATH MISHRA Vs. STATE OF UTTARAKHAND

Decided On September 12, 2023
Devnath Mishra Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Applicant Devnath Mishra, who is in judicial custody in FIR No. 02 of 2022, under Sec. 7 of Prevention of Corruption Act, 1988 as amended in 2018, Police Station Vigilance Establishment Sector, Haldwani District Nainital, 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/accused would submit that the applicant/accused is an innocent person; that, he has falsely been implicated in the instant crime; that, he is languishing in jail since 5/6/2022; that, the charge sheet has been filed. He would further submit that the complainant in the complaint (at Page No. 11 of the bail application) himself has stated that he could not record the call of the applicant/accused; that, the prosecution has no evidence whatsoever against the applicant/accused and the trial is likely to take some time, therefore, no purpose would be served by keeping the applicant/accused in jail.