BA1/1184/2025 on 15 July, 2025

Uttarakhand High Court

BA1/1184/2025 on 15 July, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                  2025:UHC:6129
              Office Notes,
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SL.
      Date    or directions               COURT'S OR JUDGE'S ORDERS
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                               BA1/1184/2025

                               Hon'ble Rakesh Thapliyal, J.

1. Mr. D.K. Sharma, learned Senior
Advocate assisted by Mr. D.C.S. Rawat
and Mr. Ajay Joshi, learned counsel for
the applicant.

2. Mr. V.S. Pal, learned A.G.A. for the
State.

3. Mr. Saurabh Kumar Pandey, learned
counsel for the complainant.

4. Present applicant Usha Sajwan, W/o
Amit Sajwan is praying for regular bail in
relation to FIR dated 05.03.2025, bearing
FIR No. 0070 of 2025, registered at P.S.
Kotwali Kotdwar, District Pauri Garhwal
wherein the present applicant along with
eight others (all are officials of department
of Garhwal Motor Owners Union Ltd.
(GMOU) have been implicated for the
offences punishable under Sections 406
and 420 IPC.

5. It is contended by the learned
counsel for the applicant that the present
applicant was serving as a Class-I Officer
in the capacity of Sub-Area Organizer in
Paramilitary Force (SSB) and in the year
2018 she took voluntary retirement. It is
also contended in para 27 that the
applicant was honoured with a medal by
His Excellency, the President of India and
the Director General of the Force for her
contribution. The certificate is also
enclosed as Annexure-4. After her
retirement, the applicant was given
honorary assignment of General Manager
in the GMOU in the year 2019. Now, FIR
has been lodged by one Vijay Pal Singh
with the allegation that on the basis of the
forensic audit of company’s account it
reveals that some Directors and
employees of the company in connivance
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with each other conspired to obtain
unlawful gain and cause financial loss to
the company by forging the documents
and forged vouchers amounting to Rs.
2,48,33,587/-.

6. It is submitted by the learned
counsel for the applicant that applicant is
innocent and has been falsely implicated
and she is languishing in jail since
18.06.2025, and at the time of arrest
ground of arrest was not provided. Apart
from this, it is also argued that the
applicant being a woman be given benefit
of Section 480 of BNSS 2023. He further
submits that the present applicant has no
criminal antecedents.

7. On the other side, Mr. Saurabh
Pandey, learned counsel for the
complainant seriously opposed the bail
application by filing a detail counter
affidavit giving details of the internal
investigation report, and submits that
prima facie without examination of the
voucher and the salary slip, the payment
were made with the approval of the
present applicant as well as the Chairman.

8. Mr. V.S. Pal, learned A.G.A. for the
State also pointed out that during
investigation some more penal provisions
have also been added, i.e., Section 465,
467, 468, 471, 34 and 120B IPC and the
investigation has yet not been completed
and the charge sheet has not been filed
and submits that if the applicant is
enlarged on bail there may be possibility
that she can influence the investigation.
Mr. Pal, also submits that the present
applicant has no criminal antecedent and
applicant being a woman may be given
privilege in terms of Section 480 of BNSS
2023.

9. After hearing the arguments of the
learned counsel for the parties and without
going through the merits of the case and
taking into consideration the past history
of the applicant that she was working as a
Class-I officer, given various awards and
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now languishing in jail since 18.06.2025,
this Court is of the view that the applicant
deserves for bail.

10. Accordingly, bail application is
allowed.

11. Let the applicant Usha Sajwan be
released on bail on her executing a
personal bond and furnishing two sureties
of the like amount to the satisfaction of
the court concerned.

12. It is made clear that after being
released on bail, the applicant shall not
make any attempts to influence the
investigation and she will not leave the
county without leave of this Court. It is
further made clear that grant of bail to the
present applicant will not be treated as
precedent in respect of the remaining
accused.

(Rakesh Thapliyal, J.)
15.07.2025
Parul
2025:UHC:6129