Anurag Shankhdhar 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 FIR

No.102 of 2020, registered with Police Station Rajpur, District Dehradun for the offence under Sections 409, 420, 467, 468, 471, 120-B of IPC and

Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988.

In the scholarship scam, in compliance of the letter dated 17.04.2018 of the Home Department of the State of Uttarakhand, a Special Investigation

Team was constituted under the Chairmanship of Mr. Manjunath, T.C. Mr. Santosh Semwal, Sub-Inspector, was a member of the said Special

Investigation Team. After enquiry, Mr. Santosh Semwal, Sub-Inspector, lodged an FIR on 23.07.2020 against G.R.D. Institute of Management &

Technology/G.R.D. Polytechnic/ G.R.D. Girls Degree College, 214 Rajpur road, District Dehradun.

Heard Mr. Navneet Kaushik, the learned counsel for the applicant and Mr. T.C. Agarwal, the learned Deputy Advocate General assisted by Mr.

P.S. Uniyal, the learned Brief Holder for the State.

Mr. Navneet Kaushik, the learned counsel for the applicant submitted that at the relevant point of time, the applicant was the District Social

Welfare Officer, Dehradun; he was not named in the FIR; the matter in dispute pertains to the year 2011-12 till 2016-17; at that time, there was no

provision prior to 15.07.2015 for getting the physical verification of the concerned students; however, the applicant had verified the applications of the

concerned students and after verification, the scholarship were disbursed in accordance with law; the applicant is a resident of District Dehradun and

he is in custody since 04.09.2021.

Mr. T.C. Agarwal, the learned Deputy Advocate General, has opposed the bail application and submitted that the applicant had violated the

Government order dated 25.07.2006. However, he conceded that no departmental enquiry has been initiated against the applicant. He further

submitted that it is not clear at this stage of the investigation whether any of the scholarship amount was received by the applicant and if it was

received, how much was received.

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 investigation 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 Anurag Shankhdhar 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 make himself available at the time of interrogation by a police officer as and when requires;

ii) the 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 Investigating Officer will be free to move the

court for cancellation of bail.