Badal Pandey v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures UKHC010093122026

2026:UHC:5806 COURT'S OR JUDGE'S ORDERS

BA1/949/2026

Badal Pandey

--Applicant Versus State Of Uttarakhand

--Respondent

Hon'ble Rakesh Thapliyal, J.

Mr. Lalit Sharma, learned counsel with Ms. Anmol Sandhu, learned counsel for the applicant.

¶2Mr. Himanshu Sain, learned AGA for the State.

¶3Present applicant-Badal Pandey, S/o Sri Bachi Ram Pandey is praying for bail in reference to first information report dated 08.04.2026 bearing Case Crime No.05 of 2026 lodged by Vigilance Establishment Sector, Nainital, Haldwani District Naintal wherein the present applicant and another one K.L. Sagar have been implicated for the offences punishable under Section 7 of Prevention of Corruption Act, 1988 as amended in 2018.

¶4It is argued by learned counsel for the applicant that applicant is serving as a "Senior Horticulture Inspector" and the complaint has been moved by the complainant with the malafide intention though as a matter of fact, there was no pending work of the complainant with the department and since the permission as sought was already granted. He further submits that now the charge sheet has already been filed and the present applicant is languishing in jail since

10.04.2026 and, therefore, he be released on bail. He also submits that the applicant is also appearing in an examination to be conducted by the Open

University, which is scheduled to be held on

22.07.2026 in which he is appearing for an examination for Organic Farmer and his entire service record is unblemished and since now the investigation is already completed, therefore, there is no any justification to detain the applicant in judicial custody. Learned counsel also pointed out that the recovery memo reveals that the bribe money was not recovered from the applicant rather it was recovered from a vehicle parked outside the office and, therefore, there is no acceptance of bribe money by the applicant.

¶5The detailed counter affidavit has been filed by the prosecution in which the learned AGA Mr. Himanshu Sain, submits that the applicant was caught red handed by the Vigilance Team and there are sufficient evidence to proof demand and acceptance and the charge sheet was filed after collecting all credible evidence, however he has not disputed that there is adverse against him in his past service records.

¶6After hearing the submissions of learned counsel for the parties and taking into consideration that the charge sheet has already been filed on culmination of investigation and the present applicant is languishing in jail since

10.04.2026 and his past record is unblemished, this Court is of the view that applicant deserves for bail.

¶7Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.

¶8Let the applicant-Badal Pandey be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.

¶9It is made clear that after being released on bail, the applicant shall join the trial court

proceeding on each and every date without seeking any adjournment.

(Rakesh Thapliyal, J.)

14.07.2026 Arti