Ankur Rana 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 Case Crime No.368 of 2019, registered with Police Station S.I.D.C.U.L, District Haridwar for the offence under Sections 409, 420, 467, 468, 471 read with Section 34 & 120B of IPC.

In the scholarship scam, vide letter dated 17.04.2018 of the Principal Secretary (Home), State of Uttarakhand, a Special Investigation Team (SIT) has been constituted. Ms. Lalita Chufal, Sub-Inspector, informant, was appointed as a member of the Special Investigation Team (SIT). After inquiry, the informant lodged an FIR against the owner/Director of the Institute, namely, Triveni Institute of Management Education, Village Daula, District Baghpat, Uttar Pradesh.

Heard Mr. Parikshit Saini, the learned counsel for the applicant and Mr. T.C. Aggarwal, the learned Deputy Advocate General along with Mr. P.S. Uniyal, learned Brief Holder for the State.

Mr. Parikshit Saini, the learned counsel for the applicant, submitted that the applicant has been falsely implicated; he was the Director and owner of the Institute, namely, Triveni Institute of Management Education, Village Daula, District Baghpat, Uttar Pradesh; during the academic year 2014-15 and 2015-16, the scholarship amount were deposited in the bank accounts of the concerned students by the District Social Welfare Department; no scholarship amounts were ever received by him or his Institute.

Mr. T.C. Aggarwal, learned Deputy Advocate General, appearing for the State, submitted that for the academic year 2014-15, Rs. 73,41,850/-, of the scholarship amount were deposited in the bank accounts of 146 students and for the academic year 2015-16, Rs. 46,02,600/- of scholarship amount were deposited in the bank accounts of 45 concerned students. He further submitted that during the investigation, the statements of 28 concerned students were recorded, under Section 161 of the Code of Criminal Procedure and according to these 28 persons, they did not take admission in the Institute-in-question nor did they get any scholarship amount.

On the other hand, Mr. Parikshit Saini, learned counsel for the applicant submitted that the said 28 concerned students were enrolled in his Institute and the applications of the said 28 students to get scholarship alongwith the necessary documents were sent to the District Social Welfare Department, Haridwar; the said applications were filled by the concerned students themselves; after filling the said applications, his Institute had forwarded the said applications to the District Social Welfare Department and after verification of the said applications and the documents, the District Social Welfare Department had deposited the scholarship amounts in the bank accounts of the concerned students through NEFT/RTGS. The learned counsel for the applicant further submitted that the applicant has no criminal history; he is in judicial custody since 23.01.2021; charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

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 merit 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 Ankur Rana 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.

iii) The applicant shall not leave India without prior permission of this Court.

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