Pramod Kumar Goyal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for 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. 42 of 2019, registered at police station Bhimtal, District Nainital.

A Special Investigation Team was constituted in the scholarship scam matter. Mr. Dan Singh Mehta, the Sub-Inspector, was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 26.09.2019 against the Management of the Monad University, Hapur, Uttar Pradesh and co-accused.

Heard Mr. Prakash, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Prakash, Advocate, contended that the applicant, aged about 64 years, has been falsely implicated in the present matter. Applicant was an Executive Member of the Monad Education Society. The said Society had established the “Monad University”. The case of the prosecution is that for the session 2011-2012, a sum of Rs.20,63,900/- was released by the Social Welfare Department in favour of Monad University for the scholarship of 28 students, which was embezzled. Mr. Prakash, Advocate, contended that the applicant was not an employee of the Monad University. He had no role in the admission process. He had not received any scholarship amount. He is a permanent resident of East Delhi, therefore, there is no chance of his absconding. He is not a previous convict. All the relevant documents have been filed by the Investigating Officer along with the charge-sheet, and, one co-accused, namely, Devendra Pal Singh has been granted anticipatory bail by this Court.

On the other hand, Mr. Pratiroop Pandey, AGA appearing for the State, has opposed the bail application, 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-Pramod Kumar Goyal 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.94 of 2022) stands disposed of accordingly.