Anurag Shankhdhar vs State Of Uttarakhand

R.C. Khulbe, J

Heard learned counsel for the parties.

The present applicant has sought his release on bail in connection with Case Crime No.496 of 2018, under Sections 420, 120-B, 409 IPC and Section 13 (1) A of the Prevention of Corruption Act, 1988, Police Station SIIDCUL, District Hardiwar.

The FIR was lodged at P.S. SIIDCUL, Haridwar on the information given by Jawahar Lal under the instructions of Shri Manju Nath, T.C. Superintendent of Police (Crime), Haridwar with the averments that as per the letter of Uttarakhand Shasan dated 17.04.2018 various self-financed private colleges have usurped the scholarship meant for Scheduled Caste, Scheduled Tribe and Other Backward Classes candidates in respect of which a Special Investigation Team was constituted and during inquiry the documents obtained through various sources were examined and prima-facie it was found that these self-financed institutions have usurped the scholarship amount for the purpose of benefitting themselves and for causing harm to the Government.

It is argued by the learned counsel for the applicant that the applicant has falsely been implicated in the crime; no offence is made out against him; he was a Social Welfare Officer at Haridwar from 2012 to 2014; at present he is serving as Joint-Director, Tribal Welfare, State of Uttarakhand; the Social Welfare Department transferred the scholarship as per the Government Order dated 25.07.2006; it was the duty of the concerned Gram Samiti/ Institute as per G.O. dated 25.07.2006 to transfer the scholarship in the account of beneficiaries (SC/ST and other Backward Classes candidates) and if any irregularity was committed either by the Gram Samiti or by the concerned Institute then it was the fault of the said committee or institute; the accused never misused the said amount or used the said amount for his own benefit.

Per contra, Mr. T.C. Aggarwal, learned A.G.A. for the State argued that it was the duty of the concerned Department to verify the facts as to how many students belong to SC/ST Community which are actually studying in the colleges and on the basis of number of students the scholarship had to be given in favour of Gram Samiti or the concerned Institute but the accused being the head of the Social Welfare Department, Haridwar did not verify the facts.

During the course of hearing on the bail application earlier it was argued by the learned counsel for the State that as per the G.O. dated 25.07.2006, it was the duty of the Social Welfare Department to transfer the scholarship directly in favour of the beneficiaries (ST/SC and other Backward Classes students) before 2014. While the learned counsel for the accused argued that it was not the duty of the Social Welfare Department to transfer the scholarship directly in favour of the SC/ST students as per G.O. dated 25.07.2006. As per the G.O. dated 25.07.2006, it was the duty of the Social Welfare Department to transfer the scholarship in favour of the Gram Samiti/ concerned Institute. After receiving the said amount, Gram Samiti and the concerned Institute were in obligation to transfer the amont in the accounts of the beneficiaries.

In this regard, the Chief Secretary of the State-Shri Utpal Kumar Singh and Secretary of the concerned Social Welfare Department Dr. Ranvir Singh had already submitted their separate affidavits in Writ Petition (PIL) No.228 of 2018 verifying this fact. Mr. G.S. Sandhu, Government Advocate appeared before this Court and admitted that the affidavit which was given by the Chief Secretary of the State as well as Secretary of the concerned Social Welfare Department in Writ Petition (PIL) No.228 of 2018 were correct and it is true that as per the G.O. dated 25.07.2006 the concerned Gram Samiti and Institute were responsible for transferring the scholarship in the accounts of beneficiaries.

During the course of hearing on the bail application, learned counsel for the State filed the statement of Vinod Kumar Naithani, who was Assistant Social Welfare Officer, Haridwar at the relevant time. From the perusal of the statement of Vinod Kumar Naithani, it is clear that he submitted the list of concerned students to superior officer (Social Welfare Officer), who is the present applicant, and admitted that he prepared the list and submitted the same without physical verification of the students.

Learned counsel for the State also submitted the statement of Munish Kumar Tyagi, recorded under Section 164 by the SIT. It is stated by him that he prepared the list of students and submitted the same to his higher authority without the physical verification.

From the perusal of the aforesaid statements, it is clear that at this stage the present accused/ applicant never prepared the list of SC/ST students. He being the Head of Social Welfare Department, Haridwar transferred the scholarship as per the G.O. dated 25.07.2006 to the concerned Gram Samiti / Institute as per the list prepared and submitted by his subordinate officers. Apart from that, prima facie, there is no evidence on record at this stage to prove that the present applicant/ accused embezzled the scholarship or used the same for his own benefits. The accused is in service and there is no chance of his absconding. He is languishing in jail since 18.05.2019.

Considering the aforesaid facts, without expressing any opinion as to the final merits of the case, this Court is of the view that it is a fit case for bail and the present applicant deserves bail at this Stage.

Accordingly, the present bail application moved by the applicant-Anurag Shankhdhar is allowed. Let the applicant be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned.

It is, however, clarified that the observations made by this Court, hereinabove, are exclusively for the purpose of disposal of bail application and the same shall, in no manner, affect the trial proceedings.

Present bail application as well as pending application, if any, stands disposed of accordingly.