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Judgment
Alok Kumar Verma, J
The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for Anticipatory Bail under Sections 420, 409 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 91 of 2020, registered at police station Dalanwala, District Dehradun.
The case of the respondent is that in pursuance of the letter dated 17.04.2018 of Principal Secretary, Home, Uttarakhand Government, a Special Investigation Team was constituted in the scholarship scam matter. The matter was enquired. After enquiry, Sub-Inspector Keshwanand Purohit lodged an FIR on 14.06.2020 against the owner and director of Shriram Institute of Professional Studies, Meerut (Uttar Pradesh), Kalka Engineering College, Meerut (Uttar Pradesh) and Kalka Institute for Research and Advanced Studies, Meerut (Uttar Pradesh).
Heard Mr. Ramji Shrivastava, learned counsel for the applicant and Mr. V.K. Jemini, learned Deputy Advocate General for the State.
Mr. Ramji Shrivastava, Advocate, contended that the applicant-Dr. Poonam Joshi, aged about 40 years, was not a permanent employee of Kalka Engineering College, Meerut (Uttar Pradesh) and Kalka Institute for Research and Advanced Studies, Meerut (Uttar Pradesh). She was a guest teacher in the said Institutes. She used to visit the said Institutes from time to time as per the requirement of the management, and, mostly she was paid by cash per lecture and sometimes, she was paid via account transfer. She has not received any scholarship amount. She was not arrested during the course of the investigation. She was granted relief in a Petition, filed by her under Article 226 of the Constitution of India. She is not a previous convict. She is a permanent resident of District Dehradun and presently resides at 138 Gagan Vihar, Rohta Road, Meerut (Uttar Pradesh), therefore, there is no chance of her absconding. Since the charge-sheet has been filed by the Investigating Officer, there is no need for custodial interrogation.
On the other hand, Mr. V.K. Jemini, learned Deputy Advocate General for the State has opposed the Anticipatory Bail Application orally. However, he submitted that the Investigating Officer does not want to interrogate the applicant.
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, the applicant – Dr. Poonam Joshi is directed to be released on Anticipatory Bail, in the event of her arrest, on furnishing her 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 she 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 so as to dissuade him from disclosing such facts to the Court or to any police officer;
(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 her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
Anticipatory Bail Application (No. 712 of 2024) stands disposed of accordingly.