Yogesh Raj 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 408, 420, 466, 467, 468, 471, 120 B of the Indian Penal Code, 1860 and Section 7A of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.27 of 2020 (Special Sessions Trial No. 18 of 2023), registered at police station Khatima, District Udham Singh Nagar.

A Special Investigation Team was constituted in compliance with the order, passed by this Court in Writ Petition No. 33 of 2019. Mr. N.N.Pant, the Inspector, was a member of the said Team. He enquired the matter. After enquiry, he lodged an FIR. The First Information Report was registered on 01.02.2020.

Heard Mr. Shakti Singh, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Opposing the Anticipatory Bail Application, Mr. Pratiroop Pandey, learned A.G.A., submitted that the applicant was a middleman. He had taken documents from Kumari Santosh, Kumari Manju and Anju in order to get them scholarship to which they were not entitled.

Mr. Shakti Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He had not taken any such document. He has not received any scholarship amount. He is working as an Assistant Teacher in the Government Education Department, therefore, there is no likelihood of his absconding. He does not have any criminal antecedents. He was granted interim relief in the Writ Petition, filed under Article 226 of the Constitution of India, and, a charge-sheet has already been filed, therefore, there is no requirement of any custodial interrogation.

Mr. Pratiroop Pandey, A.G.A., has conceded that the charge-sheet has already been filed, therefore, 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- Yogesh Raj 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.137 of 2024) stands disposed of accordingly.