w w w . L a w y e r S e r v i c e s . i n



Kiran Pal Saini v/s State of Uttarakhand


Company & Directors' Information:- KIRAN CORPORATION PRIVATE LIMITED [Active] CIN = U17290PB2013PTC037221

Company & Directors' Information:- SAINI INDIA LIMITED [Active] CIN = U45201GJ2010PLC060832

Company & Directors' Information:- SAINI INDIA PRIVATE LIMITED [Active] CIN = U45201GJ2010PTC060832

Company & Directors' Information:- S PAL & CO PVT LTD [Active] CIN = U51909WB1983PTC036891

Company & Directors' Information:- KIRAN AND COMPANY LIMITED [Amalgamated] CIN = U36990MH1947PLC005467

    First Bail Application No. 1966 of 2018

    Decided On, 20 February 2020

    At, High Court of Uttarakhand

    By, THE HONOURABLE MR. JUSTICE ALOK KUMAR VERMA

    For the ppearing Parties: Aditya Singh, Gaurav Singh, Saurabh Pandey, Advocates.



Judgment Text


1. This First Bail Application has been filed for grant of regular bail in connection with Case Crime No.04 of 2018, registered with Vigilance Establishment Sector Dehradun, District Dehradun for the offences punishable under Section 7/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ' the Act, 1988').

2. Facts, to the limited extent necessary are that a complaint was given by the complainant-Shyam Narayan Yadav, Technical Officer of Mohammedpur Bujurg Kisan Sewa Sahakari Samiti Ltd. to the Superintendent of Police, Vigilance Sector, Dehradun, complaining unlawful conduct of the applicant-accused demanding illegal gratification of Rs.38,000/- in order to make clear balance dues of the complainant for the period of his suspension. Thereafter, the Superintendent of Police, Vigilance made an inquiry of the complaint through his subordinate officer and passed an order to constitute a trap team in the leadership of the Inspector Prakash Singh and in compliance of the order passed by Superintendent of Police, Vigilance, a trap team was constituted and trapped the applicant/accused red handed with Rs.38,000/- as the said amount was given by the complainant to the applicant/accused on 05.07.2018 as gratification. The said amount was received by the applicant/accused which was mixed with phenolphthalein powder.

3. Heard Mr. Aditya Singh, learned counsel appearing for the applicant/accused and Mr. Saurabh Pandey, learned Brief Holder for the State of Uttarakhand.

4. The learned counsel appearing for the applicant/ accused submits that the applicant is an innocent person; he is in custody since 05.07.2018; the story of the FIR is based on false and frivolous allegations; the complainant had received his money of his suspension period; the date of birth of the complainant dated 01.10.1957 was recorded in the Society; the date of his appointment was 31.01.1980; his educational qualification is B.Sc. and M.A.; the applicant/accused had issued a notice on behalf of the Cooperative Society on 22.05.2018 mentioning therein that if the complainant did not submit the proper certificate within a week, then it was presumed that he (the complainant) was retired on 30.09.2017; the notice was received by the complainant on 26.05.2018; the whole story was concocted by the complainant with the vigilance department and roped the applicant; there is a clear violation of Article 19 of the Constitution of India as well as the Act, 1988; the applicant never demanded the bribe for the alleged work; the applicant is not a public servant within the meaning of Clause (ix) of Section 2(c) of the Act, 1988.

5. The learned Brief Holder appearing for the State of Uttarakhand submits that the applicant/accused is a Samiti Sachiv/Managing Director of Mohammedpur Bujurg Kisan Sewa Sahakari Samiti Limited, Vikas Khand, Laksar, District Haridwar and the said Samiti does not receive any financial assistance/aid from the State Government, however, the said Samiti is under the control and is governed by the Uttarakhand Co-operative Societies Act, 2003 (hereinafter referred to as 'the Act'), therefore, the applicant falls within the comprehensive definition of public servant as contained in Sub Clause (iii) and (viii) of Clause (c) of Section 2 of the Act, 1988; the applicant is a public servant. In support of his submissions, the learned Brief Holder appearing for the State of Uttarakhand has placed reliance on Section 44 of the Act. However, the learned Brief Holder has not been able to show how this matter is covered under Section 44 of the Act for deciding the dispute as raised between the parties regarding public servant; Section 44 reads as follows:-

"44. Direct partnership of State Govt. in societies. -

(1) (a) The State Govt. may subscribe directly to the share capital of a society with limited liability, upon such terms & conditions as may be agreed upon:

(b) Indirect partnership of State Govt. in societiesThe State Govt. may provide money to an Apex Society for the purchase directly or indirectly; or shares in other societies with limited liability;

(2) The State Government shall be entitled to dividend on its shares in any such co-operative society at the same rate as paid to other shareholders of the society."

6. The Uttarakhand Co-operative Societies Act, 2003 has been enacted to provide for Co-operative Society in the State of Uttarakhand. Section 2(A) of the Act defines the 'Cooperative Society' means a society registered or deemed to be registered under this Act. The Co-operative Society, registered under the provisions of the Act, is a body corporate as provided under Section 9 of the Act. The Registrar, Co- operative Society, Uttarakhand (for short 'Registrar") (appointed by the State Government under Section 3 of the Act), has the power to remove or expel a person from the membership of a Co-operative Society under Section 27(2) of the Act. The Registrar may supersede or suspend the Committee of Management under Section 35 of the Act. The Registrar may seize the records of a Co-operative Society under Section 37 of the Act. The Registrar shall audit or cause to be audited of account of every Co-operative Society as provided under Section 64 of the Act. The power has been given under Section 65 of the Act to the Registrar to hold an enquiry into the constitution, working and financial condition of a Co-operative Society and power to order remedying of defects has been given to the Registrar under Section 69 of the Act. Subject to the provisions of Section 70 of the Act, reference for settlement of disputes between an employee of a Co-operative Society and the Society shall be referred to the Registrar. The Registrar has authority to frame regulations to regulate the emoluments and other conditions of service including the disciplinary control of employees in a Cooperative Society or a class of Co-operative Societies under Section 121 of the Act. Section 122 of the Act empowers the State Government to constitute an authority or authorities, in such manner as may be prescribed, for the recruitment, training and disciplinary control of the employees of Cooperative Societies, or a class of Co-operative Societies, and may require such authority or authorities to frame regulations regarding recruitment, emoluments, terms and conditions of service including disciplinary control of such employees.

7. In the light of these provisions, the Mohammedpur Bujurg Kisan Sewa Sahkari Samiti Limited, Vikas Khand, Laksar, District Haridwar is a "State" within the meaning of Article 12 of the Constitution of India and Samiti Sachiv/Managing Director of this Sahkari Samiti performs public duties. Therefore, the applicant/accused falls under the definition of "public servant" as given in Clause (viii) of Section 2 (c) of the Act, 1988.

8. The Act, 1988 has been enacted to consolidate and amend law relating to the prevention of corruption. The Act, 1988 was brought into force with the avowed purpose of effective prevention of bribery and corruption.

9. In the case of State of U.P. vs. Amarmani Tripathi, 2005 8 SCC 21, the Hon'ble Apex Court has held that it is well settled that the matters to be considered in an application for bail, are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence, (ii) nature and gravity of charge, (iii) severity of the punishment in the event of conviction, (iv) danger of the accused absconding or fleeing, if released on bail, (v) character, behavior, means, position and standing of the accused, (vi) likelihood of the offence being repeated, (vii) reasonable apprehension of the witnesses being tampered with, and (viii) danger, of course, of justice being thwarted by grant of bail.

10. Therefore, while dealing with an application for bail, there is a need to indicate in the order, reasons for prima facie considering why bail is being granted particularly where an accused is charged of having committed a serious offence. Any order dehors reasons suffers from non-application of mind as observed by the Hon'ble Apex Court in Ram Govind Upadhyay Vs. Sudarshan Singh and others, 2002 3 SCC 598.

11. In Niranjan Hem Chandra Sashittal Vs. State of Maharashtra, 2013 4 SCC 642, the Hon'ble Apex Court observed that corruption is not to be judged by degree, for corruption mothers disorder, destroys societal will to progress, accelerates undeserved ambitions, kills the conscience, jettisons the glory of the institutions, paralyses the economic health of a country, corrodes the sense of civility and mars the marrows of governance. The Hon'ble Apex Court further observed that immoral acquisition of wealth destroys the energy of the people believing in honesty, and history records with agony how they have suffered; and the only redeeming fact is that collective sensibility respects such suffering as it is in consonance with constitutional morality. The emphasis was on intolerance to any kind of corruption bereft of its degree.

12. In Subramanian Swamy Vs. C.B.I., 2014 8 SCC 682, the Constitution Bench of the Hon'ble Supreme Court observed that corruption is an enemy of th

Please Login To View The Full Judgment!

e nation and tracking down corrupt public servants and punishing such persons is a necessary mandate of the 1988 Act. 13. In Asian Resurfacing (Supra), the Supreme Court observed that the cancer of corruption has, as we all know, eaten into the vital organs of the State. Cancer is a dreaded disease which, if not nipped in the bud in time, causes death. 14. In view of the facts and circumstances of the case, there is no force in the submissions of the learned counsel for the applicant/accused and no good ground has been made out for enlarging the applicant on bail at this stage, therefore, the bail application is liable to be rejected. 15. The first bail application is rejected accordingly. 16. It is clarified that the observations made regarding the bail application are limited to the decision, in the light of the facts, provided by the parties at this stage, as to whether the bail application should be allowed or not and the said observations shall not effect the trial of the case.
O R







Judgements of Similar Parties

18-09-2020 Hariram Pal & Others Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
28-08-2020 Renu Gupta Versus Ram Pal Singh, Basic Education Officer & Others High Court of Judicature at Allahabad
25-08-2020 Raj Pal Singh Versus Commissioner of Income-Tax, Haryana, Rohtak Supreme Court of India
19-08-2020 Jatinder Pal Singh @ Sunny Versus State of Punjab High Court of Punjab and Haryana
14-08-2020 Preet Pal Singh Versus The State of Uttar Pradesh & Another Supreme Court of India
11-08-2020 Vijay Pal Singh Versus Union of India & Others High Court of Delhi
16-07-2020 Paramvir Singh Saini Versus Baljit Singh & Others Supreme Court of India
24-06-2020 Bhima Jewellery & Diamonds (P) Ltd., Chevayoor, Represented By Its Director Girirajan Balachandra Kiran, Kozhikode Versus O. Sandeep Kumar High Court of Kerala
17-06-2020 Palla Shanthi Kiran Versus The State of A.P. rep. by Public Prosecutor, High Court Buildings, Amaravati & Another High Court of Andhra Pradesh
12-06-2020 Satya Pal Singh & Others State of U.P. High Court of Judicature at Allahabad
22-05-2020 Jai Pal & Others Versus Delhi Building & Other Construction Workers Welfare Board High Court of Delhi
06-05-2020 M/s. Sai Kiran Hospital & Another Versus State of Telangana & Another High Court of for the State of Telangana
29-04-2020 Col Ramneesh Pal Singh Versus Sugandhi Aggarwal High Court of Delhi
31-03-2020 Kiran Yadav Versus State of Rajasthan & Others High Court of Rajasthan Jaipur Bench
18-03-2020 Daksh Hospital & Another Versus Manju Saini & Another National Consumer Disputes Redressal Commission NCDRC
13-03-2020 GBM Developers & Promoters P Ltd., Through its Director, Subhash Bansal, Chandigarh Versus Col. Sukhwant Singh Saini National Consumer Disputes Redressal Commission NCDRC
02-03-2020 Kiran Kumar Dhappuri & Others Versus The State of Telangana., Rep., PP & Another High Court of for the State of Telangana
27-02-2020 Principal and Superintendent of SSKM and IPGME & Another Versus Arun Kumar Pal West Bengal State Consumer Disputes Redressal Commission Kolkata
26-02-2020 M/s. Kiran Cold Storage Pvt. Ltd. Through Director Manohar Lal Ahuja, Uttar Pradesh Versus Yashpal National Consumer Disputes Redressal Commission NCDRC
19-02-2020 Union of India & Others Versus Ashes Kiran Prasad High Court of Delhi
19-02-2020 Mahender Pal Narang Versus Central Board of Direct Taxes, New Delhi & Others High Court of Punjab and Haryana
18-02-2020 Kiran Limboo Versus Kussang Limboo & Another High Court of Sikkim
14-02-2020 Asim Kumar Pal & Others Versus Indian Institute of Management, Calcutta & Others High Court of Judicature at Calcutta
10-02-2020 Harvinder Pal Singh Versus Union Territory of J&K & Others High Court of Jammu and Kashmir
07-02-2020 Desh Pal Malik (Chaudhary) & Others Versus North Delhi Municipal Corporation, Through Commissioner, Dr. S. P. Mukherjee, New Delhi & Others Central Administrative Tribunal Principal Bench New Delhi
06-02-2020 Kanwar Pal Sharma Versus State (NCT of Delhi) High Court of Delhi
06-02-2020 Dharam Pal @ Dharma Versus State of Rajasthan, Through P.P. High Court of Rajasthan Jodhpur Bench
06-02-2020 Mahender Pal Jindal & Others Versus State of Haryana & Another High Court of Punjab and Haryana
04-02-2020 Kiran Devi Agrawal & Others Versus State of Chhattisgarh & Others High Court of Chhattisgarh
03-02-2020 Swami Chinmayanand Alias Krishna Pal Singh Versus State of U.P High Court of Judicature at Allahabad
31-01-2020 Inder Pal & Another Versus State High Court of Delhi
31-01-2020 Inder Pal Versus State & Others High Court of Delhi
27-01-2020 Yoginder Pal V/S High Court of Tripura through Registrar General, Tripura High Court, Agartala (Tripura) & Others High Court of Tripura
21-01-2020 Annapurna Versus Ram Shringar Pal High Court of Karnataka Circuit Bench At Dharwad
17-01-2020 Dr. Indira Pal & Another Versus Samar Nag, Managing Director, Bengal Shelter Housing Development Limited West Bengal State Consumer Disputes Redressal Commission Kolkata
15-01-2020 Kiran Kumari Versus State of Rajasthan Through Secretary High Court of Rajasthan Jodhpur Bench
14-01-2020 Om Pal Singh Versus Disciplinary Authority & Others Supreme Court of India
09-01-2020 Kranti Kumar Versus Ku. Kiran Shrivastava & Others High Court of Chhattisgarh
07-01-2020 Shanti Chandra Pal & Another Versus State of West Bengal High Court of Judicature at Calcutta
07-01-2020 Kunwar Pal Versus State High Court of Delhi
07-01-2020 Biswanath Pal Versus Sankar Nath Pal & Others High Court of Judicature at Calcutta
23-12-2019 Surender Singh Chadha Versus Subhash Chand Saini High Court of Delhi
18-12-2019 Kanwar Pal Singh Versus The State of Uttar Pradesh & Another Supreme Court of India
17-12-2019 Raj Kumari & Others Versus Surinder Pal Sharma Supreme Court of India
16-12-2019 Kanchan Saini & Others Versus University of Delhi & Others High Court of Delhi
12-12-2019 Mecon Limited Versus Sri Buddha Prasad Pal & Others High Court of Judicature at Calcutta
11-12-2019 Shakuntala Gupta & Others Versus Kiran Bhartia High Court of Karnataka
09-12-2019 Kiran Bala Versus Omaxe Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
05-12-2019 Hem Pal Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
29-11-2019 Vijay Kumar Gupta Versus Kiran Bala High Court of Chhattisgarh
28-11-2019 Kiran Pujar Versus State of Gujarat High Court of Gujarat At Ahmedabad
25-11-2019 Kanwal Jeet Saini & Others Versus Omaxe Chandigarh Extension Developers Private Limited Union Territory Consumer Disputes Redressal Commission UT Chandigarh
18-11-2019 Anup Kiran Versus Punjab State Federation Of Cooperative House Building Society Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
16-11-2019 State of H.P. Versus Mahi Pal High Court of Himachal Pradesh
13-11-2019 Dr. Goutam Pal Versus The State of West Bengal & Others High Court of Judicature at Calcutta
08-11-2019 Samir Kumar Dutta & Others Versus Kalipada Pal High Court of Judicature at Calcutta
04-11-2019 Cholamandalam Ms General Insurance Co. Ltd. Versus Harinder Pal Singh & Another National Consumer Disputes Redressal Commission NCDRC
22-10-2019 Md. Safique (C.M.D.) Versus Biswajit Pal & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
15-10-2019 Sanwarmal Saini Versus Jugal Kishore Jhunjhunuwala High Court of Rajasthan Jaipur Bench
11-10-2019 Kiran Kulkarni Versus The Securities and Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
09-10-2019 Jitender Pal Verma Versus M/s. DLF Universal Ltd. National Consumer Disputes Redressal Commission NCDRC
09-10-2019 Sudesh Kumar Bansal Versus Ajay Saini & Others High Court of Delhi
01-10-2019 Colonel Ramesh Pal Singh Versus Sughandhi Aggarwal High Court of Delhi
01-10-2019 Kiran Jain Versus Government of NCT of Delhi & Others High Court of Delhi
01-10-2019 Raj Pal Ranwa Versus State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Government Of Rajasthan, Jaipur & Others High Court of Rajasthan Jodhpur Bench
24-09-2019 Dr. Ashok Kumar Giri alias Ashok Giri Versus Koushik Pal & Another High Court of Judicature at Calcutta
24-09-2019 Dr. Ashok Kumar Giri alias Ashok Giri Versus Koushik Pal & Another High Court of Judicature at Calcutta
24-09-2019 Dina Nath (D ) By Lrs. & Another Versus Subhash Chand Saini & Others Supreme Court of India
23-09-2019 Kiran Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
20-09-2019 Vijay Pal Versus Shobha Devi High Court of Delhi
19-09-2019 Neeraj Saini Versus Guru Jambeshwar University, Hisar & Others High Court of Punjab and Haryana
17-09-2019 Samruddhi Developers Versus Kiran Vasant Verekar & Others High Court of Judicature at Bombay
13-09-2019 M/s. Contentra Technologies (India) Pvt. Ltd. Versus Nikhil Pal High Court of Delhi
12-09-2019 M/s. Neo Built Infrastructure Pvt. Ltd. & Others Versus Tapas Kumar Pal & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-09-2019 Parveen Mehmi Versus Surinder Pal High Court of Punjab and Haryana
27-08-2019 Chakra Pal Singh & Another Versus State of U.P. High Court of Judicature at Allahabad
23-08-2019 M/s. Universal Infrastructure & Another Versus Binay Pal Singh & Another National Consumer Disputes Redressal Commission NCDRC
22-08-2019 Hans Pal Singh & Others Versus Tarsem Singh & Others High Court of Punjab and Haryana
19-08-2019 Surinder Singh Saini Propritor Versus Blossom Cooperative House Building First Society Ltd. & Others National Consumer Disputes Redressal Commission NCDRC
19-08-2019 Akshay Kumar @ Kiran Versus State by Electronic City Police Station, Represented by the State Public Prosecutor, Bengaluru High Court of Karnataka
14-08-2019 Govind Saini Versus The State of MP High Court of Madhya Pradesh Bench at Gwailor
13-08-2019 Punjab National Bank Versus Kiran Shah, Interim Resolution Professional of Org Informatics Ltd. National Company Law Appellate Tribunal
31-07-2019 Kiran & Another Versus State of Maharashtra through PSO PS In the High Court of Bombay at Nagpur
31-07-2019 Nirmal Kaur Versus Amanjit Pal Singh High Court of Punjab and Haryana
29-07-2019 Kiran Banerjee & Others Versus National Insurance Company & Others High Court of Delhi
29-07-2019 Rajasthan Housing Board Versus Roshan Lal Saini & Others Supreme Court of India
23-07-2019 Surinder Pal Soni Versus Sohan Lal (D) Thru Lr & Others Supreme Court of India
23-07-2019 Surinder Pal Soni V/S Sohan Lal (D) thru L.R. and Others. Supreme Court of India
22-07-2019 Kanwar Pal Singh Versus State Of U.P. & Another High Court of Judicature at Allahabad
19-07-2019 Kiran Kirit Solanki Versus The State of Maharashtra & Others High Court of Judicature at Bombay
17-07-2019 Gurmit Singh Bhatia Versus Kiran Kant Robinson & Others Supreme Court of India
17-07-2019 Gurmit Singh Bhatia V/S Kiran Kant Robinson and Others. Supreme Court of India
16-07-2019 Naresh Pal Singh Versus Naresh Pal Singh High Court of Judicature at Allahabad
15-07-2019 Rajeswari Versus Kiran & Others Before the Madurai Bench of Madras High Court
12-07-2019 Beant Kaur & Another Versus Inder Pal Singh Rana (since deceased), through his legal heirs & Others High Court of Himachal Pradesh
09-07-2019 Nitya Nand Prasad Gupta Versus The State of Bihar through the Pinki Pal, Secretary, Department of Housing & Urban Development & Others High Court of Judicature at Patna
05-07-2019 Oriental Insurance Co. Ltd. Versus Kiran Devi & Others High Court of Delhi
04-07-2019 Kiran Versus The State of Maharashtra Through its Principal Secretary Co-operation & Textile Department & Others In the High Court of Bombay at Aurangabad
01-07-2019 Anand Institute of International Studies, Through Shrimati Arun Pal Anand(Prop/Director), Madhya Pradesh Versus Sani Jaggi & Others National Consumer Disputes Redressal Commission NCDRC
26-06-2019 Kiran Devi Versus Philomena & Another High Court of Judicature at Madras