Rajnish Bansal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed by the applicant – Rajnish Bansal for anticipatory bail in Case Crime No.89 of 2020 (Criminal Case No.5455 of 2021), registered at Police Station Dalanwala, District Dehradun.

According to the First Information Report dated 14.06.2020, a Special Investigation Team was constituted in the scholarship scam matter. Sub-Inspector Manoj Negi was a member of the said Special Investigation Team. He enquired the matter. He found in the enquiry that funds of the scholarship were embezzled by Himalayan Group of Professional Institution, Himachal Pradesh. Hence, the First Information Report was registered by him.

Heard Mr. Shubhash Chand Burman, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondents.

Mr. Subhash Chand Burman, Advocate, contended that the applicant, aged about 61 years, has been falsely implicated in the present matter. Himalayan Group of Professional Institution, Himachal Pradesh was run by a trust, “Maa Sarashwati Education Trust”. Applicant was the chairman of the trust. He did not embezzle any scholarship of any student. The students who studied under the scholarship scheme had received their total scholarship. None of them were fake students. There were 161 students from District Dehradun under the scholarship scheme in respect of Academic Session 2014-15. A list of 161 students was verified by the Commissioner of Sirmaur, Himachal Pradesh. The Social Welfare Department had directly deposited scholarship in the accounts of students and the scholarship were withdrawn by the students themselves.

Mr. Subhash Chand Burman, Advocate, further submitted that the applicant was not arrested during the course of the investigation. He was granted interim relief in the writ petition, filed under Article 226 of the Constitution of India to quash the First Information Report. All the relevant documents had taken by the investigating officer from the Institute and the charge-sheet has been filed for the offence under Sections 409, 420 and Section 120B of the Indian Penal Code, 1860 along with the documents, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Kurukshetra, Haryana, therefore, there is no possibility of his absconding, and, the applicant undertakes to appear before the trial court regularly.

Mr. Tumul Nainwal, Assistant Government Advocate for the respondents has opposed the anticipatory bail application orally. However, he submitted that the charge-sheet has been filed by the investigating officer, therefore, there is no requirement of custodial interrogation of the applicant.

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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Rajnish Bansal, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.