Ashish Raj Alias Bittu Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the First Information Report No. 256 of 2020 (Special Sessions Trial No.28 of 2023), registered at police station Jaspur, District Udham Singh Nagar.

Mr. Bhim Bhaskar Arya, the Inspector, was a member of Special Investigation Team. The said Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Mr. Bhim Bhaskar Arya, the Inspector, enquired the matter and lodged the First Information Report on 26.07.2020 against the present applicant and co-accused.

Heard Mr. Saurav Adhikari, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mrs. Mamta Joshi, learned Brief Holder for the State.

Mr. Saurav Adhikari, Advocate, contended that the applicant, who has been shown to be a middleman, has been implicated in the present matter. He did not receive any scholarship amount. He is not a previous convict. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Two co-accused have already been granted anticipatory bail. Charge-sheet has been filed, therefore, there is no chance of tampering with the evidence.

Learned counsel for the State has opposed the anticipatory bail application orally.

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.415 of 2024) stands disposed of accordingly.