Gajendra Singh vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR

No.23 of 2020, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Sections 409, 420, 466, 467, 468, 471, 120-B

of I.P.C.

In the scholarship scam, in compliance with the order passed by this High Court, in Writ Petition No.33 of 2019, Bhim Bhaskar Arya, Inspector,

was appointed as a member of the Special Investigation Team (SIT). After enquiry, Bhim Bhaskar Arya, informant, lodged an FIR on 26.01.2020

against the present applicant along with other co-accused persons.

Heard Mr. B. D. Pande, the learned counsel for the applicant and Mr. T.C. Aggarwal, the learned Deputy Advocate General along with Mr. P.S.

Uniyal, the learned Brief Holder for the State.

Mr. B.D. Pande, the learned counsel for the applicant submitted that the applicant is an innocent person; he has been implicated in this matter; he

has not received any amount of scholarship; he is not beneficiary of the scheme; he is a permanent resident of District Udham Singh Nagar; he is in

custody since 06.01.2021; charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

The learned Deputy Advocate General, appearing for the State, opposed the bail application orally and submitted that the applicant is a middleman.

However, he fairly conceded that it is not clear at this stage whether any of the scholarship amount was received by the applicant and if it was

received, how much was received.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article

21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly

to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep

the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that

the applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant Gajendra Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to

the satisfaction of the court concerned with the following conditions :-

i) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for

cancellation of bail.