Ankit Agarwal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 409, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No.01 of 2020 (Criminal Case No.72 of 2020), registered at police station Ranikhet, District Almora.

The case of the prosecution is that a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No.33 of 2019. The informant-Mr. Surendra Singh Ringwal, Sub-Inspector, was appointed a member of the said Special Investigation Team. After inquiry, the informant lodged a First Information Report on 10.01.2020 against the Manager of Monad University, Hapur (Uttar Pradesh) and the Manager of the Indian Overseas Bank, Branch Hapur (Uttar Pradesh). Upon conclusion of the investigation, a charge-sheet was filed against the present applicant and co-accused persons.

Present Applicant has been granted interim anticipatory bail.

Heard Mr. Nandan Arya, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Nandan Arya, Advocate, contended that the applicant has been falsely implicated in the present matter. He is shown as a middleman. He was not named in the First Information Report. He has not received any scholarship amount. Co-accused persons have been granted anticipatory bail by learned District & Sessions Judge, Almora and by this Court. Charge-sheet has already been filed, therefore, custodial interrogation is not required. Applicant is a permanent resident of District Moradabad (U.P.), therefore, there is no possibility of his absconding, and, he is not a previous convict.

Mr. Rakesh Negi, Brief Holder appearing for the State, has opposed the Anticipatory Bail Application. He has submitted that the applicant was a middleman. A charge-sheet has already been filed, therefore, custodial interrogation of the applicant is not needed.

In the facts and circumstances of the case, applicant-Ankit Agarwal 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 attend the Trial court regularly and he shall not seek any unnecessary adjournment;

(ii) 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, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.199 of 2021) stands disposed of accordingly.