Mohan Singh 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 120B, 201, 406, 409, 420, 467, 468, 471 of the Indian Penal Code, 1860, Section 7 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. 214 of 2020, registered at police station Nanakmatta, District Udham Singh Nagar.

A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No. 33 of 2019 in a scholarship scam matter. The Inspector-Mr. N.N. Pant was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 26.07.2020.

Heard Mr. Birendra Singh Adhikari, learned counsel for the applicant (through video conferencing) and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Birendra Singh Adhikari, Advocate, contended that in the year 2011, the applicant took admission in Diploma Course with Mechanical in the institute named “Maa Gayatri Institute of Management and Technology”, situated at Gajraula (Uttar Pradesh). He is a member of the scheduled tribes. Therefore, he was entitled, and, accordingly received the scholarship from the Social Welfare Department through the said institute in the year 2011-12 and 2012-13. As per the prosecution, the applicant was a mediator, but the applicant had nothing to do with the scholarship given by the institute to the other students. He was simply a student of the said institute like others. Applicant has been falsely implicated in the present matter. He was granted interim relief during the course of the investigation. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. He does not have any criminal antecedents. One co-accused has been granted Anticipatory Bail by this Court. A Charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.

On the other hand, Mr. M.K. Chand, A.G.A., for the State, opposed the Anticipatory Bail Application orally. However, he submitted that a charge-sheet has already been filed by the Investigating Officer, 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- Mohan Singh 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. 345 of 2024) stands disposed of accordingly.