Sandeep Singh Rawat vs State Of Uttarakhand

Alok Kumar Verma, J

An Application under Section 438 of the Code of Criminal Procedure, 1973 was filed by the applicant before Special Judge/Ist Additional Sessions Judge, Dehradun. The said Application has been dismissed vide order dated 09.10.2023, passed in Anticipatory Bail Application No.1507 of 2023.

Present Application has been filed for grant of anticipatory bail under Sections 420, 406, 504, Section 120 B of the Indian Penal Code, 1860 and Section 4 read with Section 22 of the Banning of Unregulated Deposit Schemes Act, 2019 in connection with the Case Crime No.80 of 2022, registered at police station Kotwali Uttarkashi, District Uttarkashi.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant and Mr. M.A. Khan, learned AGA for the State.

Learned counsel for the State has opposed the Anticipatory Bail Application and submitted that as per the present matter, applicant was holding the post of Deputy Circle Head in Jan Shakti Multi State Cooperative Society. Informant was also working in the said Society. Applicant along with other co-accused persons embezzled money. Although, he also submits that the present applicant did not have signing authority for the bank accounts of the said Society.

Mr. Vaibhav Singh Chauhan, Advocate, submits that the present applicant has been falsely implicated in the present matter. One co-accused Jeet Ram, Circle Head of the Society, has been granted regular bail by Court of Session.

Mr. Vaibhav Singh Chauhan, Advocate, further submits that notice under Section 41A of the Code of Criminal Procedure, 1973 was not given to the applicant by the Investigating Officer, and, one co-accused Kapil Dev Rathi was granted bail by this Court on the ground that notice under Section 41A of the Code of Criminal Procedure, 1973 was not given to him.

Mr. Vaibhav Singh Chauhan, Advocate, submits that the applicant is a permanent resident of District Uttarkashi, therefore, there is no possibility of his absconding, and, he has no criminal antecedents.

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 - Sandeep Singh Rawat 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 cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required;

ii) In case, charge sheet is filed, applicant shall attend the Trial court regularly and he shall not seek any unnecessary adjournment;

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

iv) 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.961 of 2023) stands disposed of accordingly.