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 7A of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.286 of 2019 (Special Sessions Trial No.27 of 2023), 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 (PIL) No.33 of 2019. Mr. Shyamlal Vishwakarma, the Sub-Inspector, was a member of the said Special Investigation Team. He enquired the matter and after completion of the enquiry, he lodged the First Information Report on 15.10.2019. The First Information Report was registered against the co-accused persons.

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

Mr. Ankush Kumar Tyagi, Advocate, contended that the applicant, who has been shown as a middleman, has been falsely implicated in the present matter. The scholarship money was deposited in the bank accounts of the concerned students. Applicant has not received any amount of scholarship. Applicant is not named in the First Information Report. He has been granted regular bail under Sections 409, 420, 466, 467, 468, 471 and Section 120 B of the Indian Penal Code, 1860 by the coordinate Bench of this Court.

Mr. Rakesh Negi, learned Brief Holder for the State, has opposed the Anticipatory Bail Application orally. However, he has fairly conceded that the charge-sheet has already been filed, therefore, there is no need of custodial interrogation.

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.183 of 2024) stands disposed of accordingly.