Ashish Raj Alias Bittu Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

This 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, 120B of the Indian Penal Code, 1860, Section 7 A, Section 8, Section 10, Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.402 of 2020, registered at police station Jaspur, District Udham Singh Nagar.

In compliance with the order passed by this Court in Writ Petition (PIL) No.33 of 2019, a Special Investigation Team was constituted in the matter of scholarship scam. Inspector Mr. Bheem Bhaskar Arya was a member of the said Team. He enquired the matter and lodged the First Information Report against the present applicant and co-accused persons. The First Information Report was registered on 28.11.2020.

Heard Mr. Saurav Adhikari, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.

Mr. Saurav Adhikari, Advocate, contended that the applicant has been implicated in the present matter. He has been shown as a middleman. He has not received any scholarship amount. He was not arrested during the course of the investigation. He is not a previous convict. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, one co-accused has already been granted Anticipatory Bail by this Court.

Mr. M.K. Chand, learned A.G.A. for State, has opposed the Anticipatory Bail Application orally. However, he has submitted that the charge-sheet has already been filed, therefore, there is no requirement 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- Ashish Raj alias Bittu Sharma 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.232 of 2024) stands disposed of accordingly.