Anil Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.376 of 2019, registered with Police Station SIDCUL, District Haridwar for the offence under Sections 409, 420, 467, 468 and 471 of I.P.C.

In the scholarship scam, vide letter dated 17.04.2018 of the Home Department of the State of Uttarakhand, a Special Investigation Team (SIT) was constituted under the Chairmanship of the Superintendent of Police, Haridwar. Mr. Rajendra Singh Kholia, Sub-Inspector, was a member of the said SIT. After enquiry, Sub-Inspector Rajendra Singh Kholia, informant of this matter, lodged an FIR against the Manager, Om Santosh Pvt. I.T.I. Saharanpur, Uttar Pradesh. After completion of the investigation, the charge-sheet has been filed.

Heard Mr. S.R.S. Gill, the learned counsel for the applicant and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State.

Mr. S.R.S. Gill, the learned counsel for the applicant submitted that the applicant was the Chairman of the Trust, namely, Om Santosh Educational and Social Welfare Trust; the said Institute of the applicant was run by the said Trust; in the year 2013-14, 2014-15 & 2015-16, the said Institute had given admission to all the concerned students; no wrong admission was made; the scholarship amounts were deposited by the Social Welfare Department directly in the bank account of the concerned students; the tuition fee of the said Institute were included in the scholarship amounts; the said scholarship amounts, which were deposited in the bank account of the concerned students, were transferred to the bank account of the Institute; however, the Institute had kept only its tuition fee and remaining amounts of scholarship were returned to the concerned students; the applicant undertakes that he will deposit a sum of Rs.4.00 lakh with the concerned Social Welfare Department within two weeks’ from the date of his release on bail; the applicant is in custody from the month of December, 2020 and the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State opposed the bail application. He submitted that no scholarship amount was paid to the concerned students by the said Institute. However, he submitted that the proposed amount of Rs.4.00 lakh is meager amount and according to him, minimum Rs.5.00 lakh should be deposited by the applicant.

The learned counsel for the applicant is agree to deposit Rs.5.00 lakh within two weeks’ from the date of his release on bail.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant Anil Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

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