Rajendra Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.409 of 2020, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Sections 409, 420, 466, 467, 468, 471, 120B of IPC and Section 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

In the scholarship scam, in compliance of the order of this High Court, passed in Writ Petition No. 33 of 2019, Mr. Bhim Bhaskar Arya, Inspector, was appointed as a member of the Special Investigation Team (S.I.T.). After inquiry, Mr. Bhim Bhaskar Arya, Inspector, lodged an FIR against the co-accused persons.

Heard Mr. Sanjay Kumar, the learned counsel for the applicant and Mr. Ranjan Ghildiyal, the learned AGA for the State.

Mr. Sanjay Kumar, the learned counsel for the applicant, submitted that the applicant has been implicated in this matter; he had discharged his duties in accordance with law; he has not received any scholarship amount; he was not the beneficiary of the said scheme; the applicant is in custody since 03.09.2021; he is a resident of District Udham Singh Nagar.

The learned counsel for the State opposed the bail application. However, he submitted that it is not clear at this stage whether any of the scholarship amount was received by the applicant and if it was received, how much was received. He further submitted that it is also not clear at this stage how the documents were to be verified by the applicant.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant Rajendra Kumar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) The applicant shall make himself available at the time of interrogation by a police officer as and when requires;

ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the Investigating Officer will be free to move the court for cancellation of bail.