Satyendra Kumar Alias Satendra vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 7 and Section 8 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.256 of 2020 (Special Sessions Trial No.28 of 2023), registered at police station Jaspur, District Udham Singh Nagar.

In the scholarship scam matter, in compliance with the order, passed by this Court in Writ Petition No.33 of 2019, a Special Investigation Team was constituted. Mr. Bhim Bhaskar Arya, the Inspector, was a member of the said Team. He enquired the matter. After enquiry, he lodged a First Information Report. The First Information Report was registered on 26.07.2020.

Heard Mr. Ankush Kumar Tyagi, learned counsel for the applicant and Mr. Sandeep Sharma, learned Brief Holder for the State.

Opposing the Anticipatory Bail Application, orally learned counsel appearing for the State submitted that applicant was a middleman. He, along with the co-accused persons, received the educational certificates from fourteen persons and by fraudulently showing their admission in Dhampur College of Law, got the scholarship amount of Rs.4,63,400/- allotted from the Social Welfare Department, Udham Singh Nagar.

Learned counsel for the applicant contended that the applicant has been falsely implicated in the present matter. He did not receive any educational certificate from any person. He has not received any scholarship amount. He was not arrested during the course of the investigation. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, custodial interrogation is not needed.

Learned counsel for the State has conceded that the custodial interrogation is not required.

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 – Satyendra Kumar alias Satendra 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.135 of 2024) stands disposed of accordingly.