Digvijay 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 409, 420, 466, 467, 468, 471, 120B of the Indian Penal Code, 1860, Section 7A, Section 8, Section 10 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, in connection with the First Information Report No.407 of 2020 (Special Sessions Trial No.04 of 2024), registered at police station Jaspur, District Udham Singh Nagar.

Mr. Bhim Bhaskar Arya, the Inspector, was a member of the Special Investigation Team. The 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 an FIR against the co-accused on 28.11.2020.

Heard Mr. Ankush Kumar Tyagi, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mrs. Mamta Joshi, learned Brief Holder for State.

Mr. Ankush Kumar Tyagi, Advocate, contended that the applicant, who is said to be a middleman, has been falsely implicated in the present matter. He was not named in the First Information Report. He was not arrested during the course of the investigation. He is not a previous convict. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Mr. G.S. Sandhu, learned Additional Advocate General appearing for State, has opposed the Anticipatory Bail Application orally. However, he submitted that the charge-sheet has already been filed by the Investigating Officer, 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-Digvijay 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.404 of 2024) stands disposed of accordingly.