Dinesh Kumar 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 13 (1)(d) read with Section 13 (2), Section 7(a) and Section 8 of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 34 of 2020, registered at police station ITI, District Udham Singh Nagar.

In the scholarship scam matter, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No. 33 of 2019. Informant-G.B. Joshi, Inspector, was a member of the said Special Investigation Team. After inquiry, an FIR was lodged by him against the present applicant along with co-accused persons. Charge-sheet has been filed after the conclusion of the investigation.

Heard Mr. B.D. Pande, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. B.D. Pande, Advocate, contended that the applicant has been falsely implicated in the present matter. He had not taken any scholarship amount from any person. He was neither an officer nor an employee of Shri Ram College of Education, Institution-in-question. Applicant was not a beneficiary. He does not have any criminal antecedents. 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 chance of tampering with the evidence, and, applicant was granted relief by this court during the course of investigation.

Mr. Pratiroop Pandey, A.G.A. has submitted that applicant was a mediator. As per the statement of Anup Kumar, recorded under Section 161 of the Code of Criminal Procedure, 1973, he had never taken admission in the Institution-in-question. The scholarship amount was deposited in his bank account by the authorities, then, the present applicant came to him and asked for the said amount. Due to some misunderstanding, the said amount was withdrawn by him (Anup Kumar) and handed over to the present applicant.

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- Dinesh Kumar 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 condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No. 1024 of 2023) stands disposed of accordingly.