Harish Chandra Rana vs State Of Uttarakhand

Alok Kumar Verma, J

This 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 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, in connection with the First Information Report No.405 of 2020(Special Sessions Trial No.41 of 2023), registered at police station Jaspur, District Udham Singh Nagar.

In 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. Inspector Mr. Bhim Bhaskar, was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 28.11.2020.

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

Mr. Saurav Adhikari, Advocate, contended that the applicant, aged about 70 years, has been falsely implicated in the present matter. He was posted only three months nineteen days in the District Udham Singh Nagar as a District Social Welfare Officer. The scholarship amounts were directly transferred to the bank accounts of the concerned students. Applicant was at no fault in the process of disbursement of the scholarship. The present case rests on the documentary evidence and all the relevant documents are in the possession of the Investigating Officer. Applicant was granted interim relief during the course of the investigation. Two co-accused persons have been granted anticipatory bail by this Court, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. M.K. Chand, learned A.G.A. appearing for State, has opposed the Anticipatory Bail Application orally. However, he submits that the charge-sheet has already been filed, 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-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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.371 of 2024) stands disposed of accordingly.