Rajeev Kumar Alias Rajeev Chaudhary vs State Of Uttarakhand And Another

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 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 Case Crime No.31 of 2020 (Miscellaneous Criminal Case No.74 of 2022), registered at police station Jaspur, District Udham Singh Nagar.

Heard Mr. Dharmendra Barthwal, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the State.

Opposing the Anticipatory Bail Application orally, Mr. Pratiroop Pandey, Advocate, has submitted that the applicant is posted as Pashudhan Prasaar Adhikari. He was a middleman. He had taken the educational certificates and money from three persons in order to get them scholarship.

On the other hand, Mr. Dharmendra Barthwal, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He had not taken any educational certificates or money from the said persons. He does not even know the said persons. He had not taken any scholarship amount. The entire scholarship amount was credited in the account of the said persons. Applicant is a Government Servant, therefore, there is no possibility of his absconding. He was granted interim relief in WPCRL No.330 of 2020, filed under Article 226 of the Constitution of India. He was not arrested during the investigation. Charge-sheet has already been filed, therefore, custodial interrogation is not needed.

In the facts and circumstances of the case, applicant – Rajeev Kumar alias Rajeev Chaudhary 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.33 of 2024) stands disposed of accordingly.