Jagmohan Singh Kafola 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 420, 409, 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 F.I.R. No.407 of 2020, registered at police station Jaspur, District Udham Singh Nagar.

A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No. 33 of 2019. The informant- Bhim Bhaskar Arya, the Inspector, was a member of the said Special Investigation Team. After conducting the enquiry, he lodged an FIR on 28.11.2020. After completion of the investigation, a charge-sheet was filed by the Investigating Officer against the present applicant and co-accused persons.

Heard Mr. Amar Murti Shukla, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Amar Murti Shukla, Advocate, submitted that the applicant is presently posted as Deputy Director, Social Welfare Directorate, Uttarakhand, Haldwani, District Nainital. He joined his service in the year, 1996. He was posted as District Social Welfare Officer at Udham Singh Nagar from the year 2011 to 2014. He has received appreciations from the Competent Authority at various stages during his services.

Mr. Amar Murti Shukla, Advocate, contended that he had released the scholarship to only one student, namely, Smt. Sangeeta. The scholarship of other students was released by other incumbents and not by the present applicant. Smt. Sangeeta admitted in her statement, recorded under Section 161 of Code of Criminal Procedure, 1973, that she received the amount of scholarship. Therefore, there is no evidence on record to connect the applicant with the said crime.

Opposing the Anticipatory Bail Application, Mr. Rakesh Negi, learned Brief Holder appearing for the State, submitted that it has been established through investigation that the applicant in collusion with other co-accused persons wrongly verified the documents and caused Rs. 73,450/- wrongful loss to the Government Exchequer. The allegations against the applicant have been verified on two fronts i.e. departmental inquiry by the Institution as well as investigation, conducted by the Investigating Officer.

The copy of the departmental inquiry has not been filed by the State. Learned counsel for the State further submitted that a charge-sheet has already been filed, therefore, there is no need for custodial interrogation.

Mr. Amar Murti Shukla, Advocate, further submitted the applicant, aged about 55 years, is a Government Servant, therefore, there is no likelihood of his absconding, and he is not a previous convict.

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- Jagmohan Singh Kafola 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. 266 of 2022) stands disposed of accordingly.