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 Section 7 and Section 8 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.409 of 2020, 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 (PIL) No.33 of 2019. The Inspector, Mr. Bheem Bhaskar Arya, was a member of the said Team. He enquired the matter. After enquiry, he lodged the First Information Report. The First Information Report was registered on 28.11.2020.

Heard Mr. Ankush Kumar Tyagi, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.

Mr. Rakesh Negi, Brief Holder for the State opposed the Anticipatory Bail Application and submitted that the applicant was a middleman.

Mr. Ankush Kumar Tyagi, Advocate, contended that the applicant has been falsely implicated in the present matter. He never forged any documents of students in order to get them admitted in I.F.T. Vishvavidyaalay, Moradabad. He has not received any scholarship amount. The scholarship amounts of the students were sent directly to their bank accounts and the said scholarship amounts were withdrawn by the students themselves. Applicant was not arrested during the course of the investigation. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.

Mr. Rakesh Negi, learned Brief Holder for the State submitted that the custodial interrogation is not needed.

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.151 of 2024) stands disposed of accordingly.