Geeta Ram Nautiyal vs State Of Uttarakhand

R.C. Khulbe, J

Heard learned counsel for the parties.

The present applicant has sought his release on bail in connection with Case Crime No.496 of 2018, under Sections 420, 120-B, 409 IPC and

Section 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, Police Station SIDCUL, District Hardiwar.

The FIR was lodged at P.S. SIIDCUL, Haridwar on the information given by Jawahar Lal under the instructions of Shri Manju Nath, T.C.

Superintendent of Police (Crime), Haridwar with the averments that as per the letter of Uttarakhand Shasan dated 17.04.2018 various self-financed

private colleges have usurped the scholarship meant for Scheduled Caste, Scheduled Tribe and Other Backward Classes candidates in respect of

which a Special Investigation Team was constituted and during inquiry the documents obtained through various sources were examined and prima-

facie it was found that these self-financed institutions have usurped the scholarship amount for the purpose of benefitting themselves and for causing

harm to the Government.

It is argued by the learned counsel for the applicant that the applicant has falsely been implicated in the crime; no offence is made out against him;

he was a Social Welfare Officer at Haridwar from 21.05.2011 to 31.07.2012; at present he is serving as Joint-Director, Social Welfare Department. It

is also argued that as per the Government Order dated 25.07.2006; it was the duty of the concerned Gram Samiti/ Institute to transfer the scholarship

in the account of beneficiaries (SC/ST and other Backward Classes candidates) and if any irregularity was committed either by the Gram Samiti or by

the concerned Institute then it was the fault of the said committee or institute; the accused never misused the said amount or used the said amount for

his own benefit. Apart from that, the so-called director or the other authority of Tech World College, Mahavir College, Meerut and Motherhood

Institute, Haridwar which were mainly given the scholarship have been enlarged on bail because at the time of granting the bail the Court found that

the concerned Institute had transferred the scholarship to the students properly. It is also argued that his successor-Anurag Shankhdhar has already

been granted bail by this Court and on the ground of parity the present accused is also entitled for bail.

Per contra, Mr. T.C. Aggarwal, learned A.G.A. for the State argued that it was the duty of the concerned Department to verify the facts as to how

many students belong to SC/ST Community which are actually studying in the colleges and on the basis of number of students the scholarship had to

be given in favour of the concerned Institute but the accused being the head of the Social Welfare Department, Haridwar did not verify the facts.

Learned counsel for the State filed the statement of Vinod Kumar Naithani, who was Assistant Social Welfare Officer, Haridwar at the relevant

time. From the perusal of the statement of Vinod Kumar Naithani, it is clear that he submitted the list of concerned students to superior officer (Social

Welfare Officer), who is the present applicant, and admitted that he prepared the list and submitted the same without physical verification of the

students.

From the perusal of the aforesaid statement, it is clear that at this stage the present accused/ applicant never prepared the list of SC/ST students.

He being the Head of Social Welfare Department, Haridwar transferred some amount of the scholarship as per the G.O. dated 25.07.2006 to the

concerned Institute as per the list prepared and submitted by his subordinate officer-Vinod Kumar Naithani. Apart from that, prima facie, there is no

evidence on record at this stage to prove that the present applicant/ accused embezzled the scholarship or used the same for his own benefits.

During the course of the hearing learned counsel for the State admitted that the accused had transferred Rs.76,06,100/- directly in the accounts of

students belonging to weaker sections of the society and admitted that none of the accounts were found to be forged in the investigation till today,

which, prima facie, shows that in the tenure of the accused, scholarships of approximately Rs.16,15,00,000/- were distributed to various educational

institutions after the report submitted by his junior officers. Out of which, Rs.76,06,100/- was transferred directly in the accounts of some students

belonging to the weaker sections of the society as per Government Order.

The accused is in service of Uttarakhand Government and there is no chance of his absconding. He is languishing in jail since 01.11.2019 and his

successor-Anurag Sankhdhar has already been granted bail.

Considering the aforesaid facts, without expressing any opinion as to the final merits of the case, this Court is of the view that it is a fit case for

bail and the present applicant deserves bail at this Stage on the ground of parity.

Accordingly, the present bail application moved by the applicant-Geeta Ram Nautiyal is allowed. Let the applicant be released on bail, on his

executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned.

It is, however, clarified that the observations made by this Court, hereinabove, are exclusively for the purpose of disposal of bail application and the

same shall, in no manner, affect the trial proceedings.

Present bail application as well as pending application, if any, stands disposed of accordingly.