Ashok Kumar Chauhan vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for grant of Anticipatory Bail under Section 420 and Section 409 of the Indian Penal Code, 1860 in connection with the Case Crime No.518 of 2019, registered at police station Bhagwanpur, District Haridwar.

The case of the prosecution is that, in the scholarship scam matter, a Special Investigation Team was constituted. The Sub-Inspector Bhanu Panwar was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 18.11.2019 against “Greenway Institute of Management Studies” situated at Roorkee, District Haridwar.

Heard Mr. Ajay Veer Pundir, learned counsel for the applicant through video conferencing and Mr. M.K. Chand, learned A.G.A., for the State.

Mr. Ajay Veer Pundir, Advocate, contended that the said Institute, namely, “Greenway Institute of Management Studies” was run by a Society, registered under the provisions of the Societies Registration Act, 1860. The present applicant, aged about 64 years, the Director of the said Institute, has been falsely implicated in the present matter. The said institute had received the scholarship amounts from the Social Welfare Department and after receiving the said amounts, the scholarship amounts were sent to the bank accounts of the concerned students. The applicant did not receive any amount of the scholarship. He was granted Interim Relief in WPCRL No.523 of 2020, during the course of the investigation. He had deposited Rs.50 Lakh in compliance of the order dated 13.03.2020, passed by this Court in the said writ petition. The case of the prosecution rests on the documentary evidence. All the relevant documents have been taken by the Investigating Officer. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant does not have any criminal antecedents.

On the other hand, Mr. M. K. Chand, A.G.A. has opposed the Anticipatory Bail Application. However, he submitted that the Investigating Officer has already filed charge-sheet, therefore, the Investigating Officer does not want to interrogate the applicant.

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- Ashok Kumar Chauhan 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.622 of 2023) stands disposed of accordingly.