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, 466, 467, 468, 471, Section 120B of the Indian Penal Code, 1860 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 354 of 2019, registered at police station Sitarganj, District Udham Singh Nagar.

In the scholarship scam matter, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No. 33 of 2019. Mr. N.N. Pant, the Inspector, was a member of the said Special Investigation Team. After conducting the enquiry, he lodged the First Information Report on 05.11.2019. After completion of the investigation, a charge-sheet was filed against the present applicant and co-accused persons.

Heard Mr. Nandan Arya, learned counsel for the applicant and Mr. V.K. Jemini, learned Deputy Advocate General for the State.

Mr. Nandan Arya, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He is shown as a middle man. He was not a beneficiary. He had not received any amount from any person. He has been granted interim anticipatory bail in the present matter. He is a permanent resident of District Moradabad, Uttar Pradesh, therefore, there is no likelihood of his absconding. He is not a previous convict. The charge-sheet has already been filed, therefore, there is no need of custodial interrogation, and, a co-accused of similar role, namely, Ashish Agarwal, has been granted Anticipatory Bail by this Court.

Learned counsel appearing for the State has opposed the Anticipatory Bail Application. He submitted that Ashish Agarwal, the co-accused, was not named in the First Information Report. However, he has conceded that the charge-sheet has already been filed, therefore, there is no need of custodial interrogation.

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- 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.

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

Anticipatory Bail Application (No. 250 of 2022) stands disposed of accordingly.