Rajendra Kumar vs State Of Uttarakhand

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.256 of 2020, registered at police station Jaspur, District Udham Singh Nagar.

In the scholarship matter, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Inspector Mr. Bhim Bhaskar Arya was appointed as a member of the said Team. He enquired the matter and lodged an FIR on 26.07.2020.

Heard Mr. Navneet Kaushik, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Navneet Kaushik, Advocate, contended that the applicant has been implicated in the present matter. He was holding the post of “Patal Sahayak”. At the relevant point of time, there was no Government Order for physical verification of the concerned students who were getting education in the Institutes, located outside the State of Uttarakhand. Entire case rests on the documentary evidence and all the documents are in possession of the Investigating Officer. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. He is not a previous convict. Applicant was not arrested during the course of the investigation. Charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.

Mr. M.K. Chand, A.G.A. appearing for the State, has opposed the Anticipatory Bail Application. However, he has submitted that 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-Rajendra Kumar 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.202 of 2022) stands disposed of accordingly.