Bhukan Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 7(a) and Section 8 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.40 of 2020, registered at police station I.T.I., District Udham Singh Nagar.

A Special Investigation Team was constituted in compliance with the order passed by this Court, in Writ Petition (PIL) No.33 of 2019. The Inspector G.B. Joshi was a member of the said Special Investigation Team. After conducting the enquiry, he lodged the First Information Report on 29.01.2020. Upon conclusion of the investigation, a charge-sheet was filed against the present applicant and co-accused persons.

Heard Mr. Ram Singh Sammal, learned counsel for the applicant through video conferencing and Mr. S.C. Dumka, learned A.G.A. for the State.

Mr. R.S. Sammal, Advocate, contended that according to the prosecution, the present applicant was a middleman. Learned counsel for the applicant further submitted that the applicant has not received any scholarship amount from anyone. He was not a beneficiary. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation. Two co-accused persons have been granted Anticipatory Bail by this Court, and, the applicant has no criminal antecedents.

Learned counsel for the State has opposed the Anticipatory Bail Application. However, he 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- Bhukan Singh 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.59 of 2024) stands disposed of accordingly.