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. 31 of 2020 (Special Sessions Trial No. 46 of 2023), registered at police station Kelakhera, 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. Inspector, Mr. G.B. Joshi, was a member of the said Special Investigation Team. After completing the enquiry, he lodged an FIR on 19.02.2020. The First Information Report was registered against the present applicant and the co-accused persons.

Heard Mr. Ankush Kumar Tyagi, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Ankush Kumar Tyagi, Advocate, contended that the applicant has been falsely implicated in the present matter. His role has been shown to be that of a middleman. He did not receive any scholarship amount. He was not arrested during the course of the investigation. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. He is not a previous convict. A charge-sheet has been filed, therefore, there is no requirement of custodial interrogation.

On the other hand, Mr. M.K. Chand, A.G.A., for the State, opposed the Anticipatory Bail Application orally. However, he submitted that a 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. 312 of 2024) stands disposed of accordingly.