Jalaj Gaur vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the First Information Report No. 97 of 2020 (Criminal Case No.712 of 2021), registered at police station Gangnahar, District Haridwar.

Mr. Rajendra Singh Kholiya, the Sub-Inspector, was a member of Special Investigation Team. The said Special Investigation Team was constituted in compliance with the order of Principal Secretary Home of the State Government. He enquired scholarship scam matter and lodged an FIR on 03.02.2020. The First Information Report was lodged against the owner and the manager of Baburam Degree College, Saliyar, Roorkee, Haridwar.

Heard Mr. Navneet Kaushik, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Navneet Kaushik, Advocate, contended that the said Institute, namely, “Baburam Degree College” was being run by a Society, namely, “Baburam Charitable Society”. The present applicant, aged about 53 years, was the Chairman of the said Society. Therefore, he had no direct role in the day to day affairs of the running of the said Institute. All the concerned students were enrolled and the scholarship amount was received by them. When the Institute found that four students had taken double admission, the applicant returned their scholarship amount to the Social Welfare Department in the month of June, 2017. In support of the said submission, applicant has filed annexure no. 4 (page no. 48).

Mr. Navneet Kaushik, Advocate, further submitted that the present matter rests on the documentary evidence and all the relevant documents have been filed by the Investigating Officer along with a charge-sheet. Applicant is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding, and, he is not a previous convict.

On the other hand, Mr. Rakesh Negi, learned Brief Holder for the State has opposed the Anticipatory Bail Application orally. However, he has submitted 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 - Jalaj Gaur 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

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. 592 of 2024) stands disposed of accordingly.