Devendra Pal 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 Sections 420, 409, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 285 of 2019, registered at police station Jaspur, District Udham Singh Nagar.

A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No. 33 of 2019. Sub-Inspector Shyam Lal Vishwakarma was a member of the said Team. He along with Inspector-Bheem Bhaskar Arya, a member of the said Team, enquired the matter, and, after enquiry, the First Information Report was lodged on 15.10.2019. After conclusion of the investigation, a charge-sheet was filed.

Heard Mr. Nandan Arya, learned counsel for the applicant (through video conferencing) and Mr. Rakesh Negi, learned Brief Holder for the State.

As per the prosecution case, Kumari Rashi, Mukesh Kumar, Minakshi, Rupesh Kumar, Ankit Kumar and Kumari Varsha neither took admission in Monad University nor received any scholarship.

Mr. Nandan Arya, Advocate, contended that the applicant was “Director Admin” in the said university. Admission was taken by all the above mentioned six students in different courses and scholarship was received by them. Applicant has filed a list of students along with his affidavit dated 08.11.2022 in support of the said submission.

Mr. Nandan Arya, Advocate, further contended that the applicant, aged about 70 years, has been falsely implicated in the present matter. He is not a previous convict. Present matter rests on the documentary evidence and all the relevant documents are in the possession of the Investigating Officer. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Ghaziabad (Uttar Pradesh), therefore, there is no possibility of his absconding, and, there is no need of custodial interrogation.

Learned counsel appearing for the State has opposed the Anticipatory Bail Application. However, he fairly conceded that a charge-sheet has already been submitted, therefore, there is no need 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- Devendra Pal 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. 97 of 2022) stands disposed of accordingly.