Deepak Chandra vs State Of Uttarakhand And Two Others

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 Sections 120B, 409, 420, 466, 467, 468, 471 of the Indian Penal Code, 1860 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, in connection with the Case Crime No.404 of 2020, registered at police station Jaspur, District Udham Singh Nagar.

In the scholarship matter, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Inspector Mr. Bhim Bhaskar Arya was appointed as a member of the said Team. He enquired the matter and after completion of the enquiry, he lodged an FIR against the co-accused persons. The said FIR was registered on 28.11.2020.

Heard Mr. Sharang Dhulia, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Sharang Dhulia, Advocate, submitted that the applicant was a clerk in Grahmin Bachat Kendra. He has been falsely implicated in the present matter. He has not received any amount of the scholarship. He was not beneficiary of the scholarship scheme. No money was transferred in the bank account of the applicant. He was not arrested during the course of the investigation. He was granted protection in a Criminal Writ Petition No.2106 of 2021, filed under Article 226 of the Constitution of India. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. He is not a previous convict. Charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.

Mr. M.K. Chand, A.G.A. appearing for the State has opposed the Anticipatory Bail Application. However, he has submitted that investigation has been completed, therefore, the application is not required by the Investigating Officer for 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-Deepak Chandra 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.439 of 2023) stands disposed of accordingly.