Yoginder Singh Kamboj vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the Case Crime No.404 of 2019, registered at police station S.I.D.C.U.L., District Haridwar.

As per the case of the prosecution, a Special Investigation Team was constituted in the scholarship scam matter. Mr. Kamal Kumar Lunthi, the Inspector, was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 18.11.2019.

Heard Mrs. Neetu Singh, learned counsel for applicant and Mr. Pratiroop Pandey, learned AGA for State.

Mrs. Neetu Singh, Advocate, appearing for the applicant contended that the Institute in-question, namely, “Swami Vivekanand Polytechnic College, Manduwala”, Fatehpur, District Saharanpur (Uttar Pradesh) was run by a Trust, namely, “Swami Vivekanand Education Trust”. The applicant was a trustee of the said Trust. All the concerned students were enrolled with the said Institute. The scholarship amounts were deposited directly in the bank accounts of the concerned students by the Social Welfare Department. The concerned students had returned the fee to the Institute by keeping the scholarship amount with themselves. In support of the said submissions, copies of the relevant documents have been filed by the applicant.

Learned counsel appearing for the applicant further contended that the applicant, aged about 51 years, is not a previous convict. He is a permanent resident of District Yamuna Nagar, Haryana, therefore, there is no chance of his absconding. The present matter rests on the documentary evidence, and, all the relevant documents have been filed by the Investigating Officer along with a charge-sheet, therefore, there is no chance of tampering with the evidence, and, one co-accused has already been granted Anticipatory Bail by this Court.

On the other hand, learned counsel for the State has opposed the Anticipatory Bail Application orally. However, he submitted on instruction that the charge-sheet has been filed by the Investigating Officer, therefore, there is no requirement of the 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.453 of 2024) stands disposed of accordingly.