Sanu Gazi @ Mohammad Amzad Gazi 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 Section 7A of the Prevention of Corruption Act, 1988 in connection with the First Information Report No. 25 of 2020 (Special Sessions Trial No. 20 of 2022), registered at police station Jaspur, District Udham Singh Nagar.

A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No. 33 of 2019 in a scholarship scam matter. Inspector-Mr. Vipin Chandra Sharma was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 26.01.2020. The said FIR was registered against the present applicant and the co-accused persons.

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

Mr. Sanjay Kumar, Advocate, contended that the applicant, who has been shown to be a middleman, has been falsely implicated in the present matter. Nothing has been recovered from his possession. One co-accused has been granted Anticipatory Bail by this Court. The applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. He is not a previous convict. The present matter rests on the documentary evidence. The relevant documents are in the possession of the Investigating Officer. A charge-sheet has already been filed, therefore, there is no need of custodial interrogation.

On the other hand, Mr. M.K. Chand, A.G.A., for the State, opposed the Anticipatory Bail Application orally. However, he submitted that a charge-sheet has already been filed by the Investigating Officer, therefore, there is no requirement 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- Sanu Gazi @ Mohammad Amzad Gazi 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. 338 of 2024) stands disposed of accordingly.