Ajay Kumar Singh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 466, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the First Information Report No.176 of 2024, registered at police station Sitarganj, District Udham Singh Nagar.

Heard Mr. M.S. Pal, learned Senior Advocate assisted by Ms. Medha Pande, learned counsel and Mr. Vikramaditya Shah, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

In compliance with the order, passed by this Court in Writ Petition No.33 of 2019, a Special Investigation Team was constituted in the scholarship scam matter. Mr. Kavindra Sharma, the Sub-Inspector, was appointed as a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 29.04.2024.

Opposing the Anticipatory Bail Application orally, Mr. Rakesh Negi, learned counsel for the State, has argued, on instruction received from the Investigating Officer, that some of the students of Batch 2011-2012, Batch 2015-2016 to Batch 2017-2018 studying in Dr. Sushila Tewari Private College, Sitarganj, District Udham Singh Nagar had not received the scholarship. A sum of Rs.4,74,630/- has been misappropriated by the owner and employees of the said College. The investigation is going on.

Mr. M.S. Pal, learned Senior Advocate, contended that the present applicant is employed as Clerk in the said College. For the disbursement of the scholarship for B.ED students, Manager of the College had authorised the Principal. The concerned students were given cheques with the signature of the Principal. Hardyal Singh, the Clerk, Ram Shakal (Peon) and Om Prakash (Peon), the members of the Scheduled Caste, countersigned the cheques. Applicant was not involved in any way in signing any document for the disbursement of the scholarship. Applicant only got the signatures of the concerned students receiving the cheques of the scholarship. Five concerned students have submitted their affidavits claiming that they have received the scholarship.

Mr. M.S. Pal, learned Senior Advocate further contended that the applicant, aged about 53 years, has been falsely implicated in the present matter. He is a permanent resident of District Udham Singh Nagar and the clerk of the said Institute, therefore, there is no possibility of his absconding. He will cooperate with the Investigating Agency. He will deposit Rs.4,74,630/- before the concerned Social Welfare Department within three weeks from today, and, he is not a previous convict.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

In the facts and circumstances of the case, applicant – Ajay Kumar Singh is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when requires;

(ii) Applicant shall deposit the amount, as prayed.

(iii) In the present matter, if charge-sheet is filed, applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(iv) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(v) Applicant shall not leave the country without the previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.424 of 2024) stands disposed of accordingly.