Harish Chandra Rana 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, 120-B of the Indian Penal Code, 1860 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 408 of 2020 (Special Sessions Trial No. 43 of 2023), registered at police station Jaspur, District Udham Singh Nagar.

Mr. Bheem Bhaskar Arya, the Inspector, was a member of the Special Investigation Team. The said Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Mr. Bheem Bhaskar Arya, the Inspector, inquired the matter and lodged the First Information Report on 28.11.2020.

Heard Mr. Saurav Ashikari, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A., for the State.

Mr. Saurav Adhikari, Advocate contended that the applicant was the District Social Welfare Officer, District Udham Singh Nagar. He had assumed the charge on that post on 11.03.2013. He attained the age of superannuation on 30.06.2013. He was posted only three months and nineteen days in District Udham Singh Nagar. The institute-in-question was located outside the State of Uttarakhand. There was no provision of physical verification of the concerned students at that time. The scholarship amounts were directly transferred to the bank accounts of the concerned students. He was at no fault in the process of disbursement of the scholarship. Applicant, aged about 70 years, is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. He is not a previous convict. One co-accused person has been granted anticipatory bail and one co-accused has been granted regular bail by this Court. The present matter rests on the documentary evidence. All the relevant documents are in possession of the Investigating Officer. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim relief during the course of the investigation.

Mr. M. K. Chand, A.G.A., has opposed the Anticipatory Bail Application orally.

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- Harish Chandra Rana 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.350 of 2024) stands disposed of accordingly.