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 420, 409, 120B, 466, 467, 468, Section 471 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. 60 of 2020, registered at police station Khatima, District Udham Singh Nagar.

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 No. 33 of 2019. Mr. N.N.Pant, the Inspector, was a member of the said Team. He inquired the matter. After inquiry, he lodged an FIR on 11.03.2020 against the present applicant and co-accused person. Upon conclusion of the Investigation, charge-sheet was filed against the present applicant and co-accused persons.

Heard Mr. Nandan Arya, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. Nandan Arya, Advocate submitted that as per the prosecution, the applicant was a middleman. But, he has been falsely implicated in the present matter. He did not receive any amount of scholarship from any person. He was not a beneficiary. He is not a previous convict. An interim anticipatory bail has been granted by this Court to the present applicant. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation.

Mr. Pratiroop Pandey, learned A.G.A. has opposed the Anticipatory Bail Application. However, he submitted that the applicant is not a previous convict, and, the Investigating Officer does not want to interrogate the applicant.

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. 248 of 2022) stands disposed of accordingly.