Rajendra Kumar S/o Nirmal Pal 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.0057 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, informant, was appointed as a member of the Special Investigation Team (S.I.T.). After inquiry, the informant lodged an FIR on 19.02.2020 against the co-accused persons.

Heard Mr. Sanjay Kumar, the learned counsel for the applicant and Mr. P.S. Uniyal, the learned Brief Holder for the State.

Mr. Sanjay Kumar, the learned counsel for the applicant, submitted that the applicant has been falsely implicated; he has not received any scholarship amount; he was not the beneficiary of the said scheme; the applicant is in custody since 04.10.2021; the applicant is a permanent resident of District Udham Singh Nagar.

The learned counsel appearing for the State opposed the bail application. However, he fairly conceded that it is not clear at this stage of the investigation whether any of the scholarship amount was received by the applicant and if it was received, how much was received.

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.