Shailendra Singh vs State Of Uttarakhand And Another

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 406, 420, 467, 468, 471, 201, 120B of the Indian Penal Code, 1860 and Section 7 A of the Prevention of Corruption Act, 1988, in connection with the First Information Report No.214 of 2020, registered at police station Nanakmatta, District Udham Singh Nagar.

Inspector Mr. N.N. Pant, a member of the Special Investigation Team, enquired the matter and lodged an FIR on 26.07.2020. The said Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019 in a scholarship scam matter.

Heard Mr. Tajhar Qayyum, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.

Mr. Tajhar Qayyum, Advocate, contended that the applicant is not named in the First Information Report. His role has been shown as a middleman. He has not received any scholarship amount. He was granted interim relief by this Court during the course of the investigation. He is not a previous convict. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Two co-accused persons have been granted anticipatory bail by this Court, and, charge-sheet has already been filed, therefore, there is no need of custodial interrogation.

Mr. M.K. Chand, learned A.G.A. appearing for State, has opposed the Anticipatory Bail Application orally. However, he has submitted that the charge-sheet has been filed by the Investigating Officer, 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-Shailendra Singh 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.369 of 2024) stands disposed of accordingly.