Yoginder Singh Kamboj 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 Sections 409, 420, 467, 468, 471 and Section 120-B of the Indian Penal Code in connection with the First Information Report No. 26 of 2020, registered at Police Station Kotwali - Tehri, District Tehri Garhwal.

In the scholarship scam matter, a Special Investigation Team was constituted. Mr. Ashish Kumar, Sub-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 18.07.2020.

Heard Ms. Neetu Singh, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.

Ms. Neetu Singh, learned counsel for the applicant contended that scholarship amount was deposited in the bank account of the concerned students by the Social Welfare Department. The Institute in question, namely, “Swami Vivekanand Polytechnic College” was being run by “Swami Vivekanand Educational Trust” and the applicant, aged about 51 years, was one of the trustee of the said trust. He is not named in the first information report. The co-accused persons of the similar role have been granted anticipatory bail by this Court. Applicant is a permanent resident of District Yamuna Nagar (Haryana), therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, custodial interrogation is not needed.

Mr. Pratiroop Pandey, A.G.A. for the State has opposed the anticipatory bail application. He submitted that although the students were admitted in the said institute, but, they never attended classes. He further submitted that the charge-sheet has been filed, 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- Yoginder Singh Kamboj 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.1126 of 2023) stands disposed of accordingly.