Satyendra Kumar 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 Sections 120B, 409, 420, 466, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the First Information Report No. 403 of 2020 (Special Sessions Trial No. 8 of 2022), registered at police station Jaspur, District Udham Singh Nagar.

As per the First Information Report, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No. 33 of 2019. Sub-Inspector-Bheem Bhaskar Arya was a member of the said Team. He enquired the matter. After the enquiry, he lodged an FIR on 28.11.2020. The said FIR was registered against the present applicant and co-accused persons.

Heard Mr. D.P. Mittal, learned counsel for the applicant (through video conferencing) and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. D.P. Mittal, Advocate, contended that the applicant, who has been shown to be a middleman, has been falsely implicated in the present matter. He was not a beneficiary of the scholarship scheme. He has not received any amount. He is not a previous convict. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. He was not arrested during the course of the investigation. Charge-sheet has already been filed by the Investigating Officer, therefore, there is no requirement of custodial interrogation.

On the other hand, Mr. Pratiroop Pandey, learned A.G.A. for the State has opposed the Anticipatory Bail Application. However, he has submitted that a charge-sheet has been filed, therefore, there is no need 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- Satyendra Kumar 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. 67 of 2024) stands disposed of accordingly.