Harish Nath Goswami vs State Of Uttarakhand

Alok Kumar Verma, J

This Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with the First Information Report No.256 of 2020, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Sections 409, 420, 466, 467, 468, 471, 120B of the Indian Penal Code, 1860 and Section 13(1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988.

In the scholarship scam matter, in compliance of the order of this High Court in Writ Petition (PIL) No.33 of 2019, a Special Investigation Team (SIT) was constituted by the State Government. Mr. Bhim Bhaskar Arya, was a member of the said SIT. After enquiry, Mr. Bhim Bhaskar Arya lodged an FIR against the co-accused persons.

Heard Ms. Gurbani Singh, learned counsel holding brief of Mr. Parikshit Saini, the learned counsel for the applicant and Mr. Rohit Dhyani, learned Brief Holder for the State.

Ms. Gurbani Singh, the learned counsel appearing for the applicant, submitted that at the relevant point of time, the applicant was Assistant Social Welfare Officer, Kashipur; he has been implicated in this matter; his duty was to verify the list of the concerned students, received from the then District Social Welfare Officer; he had verified the said list in accordance with law; the then District Social Welfare Officer had disbursed the scholarship amount; there was no fault of the applicant in disbursement of the scholarship; he has retired from his service on 13.04.2021; he is in custody since 04.01.2022 and he is a permanent resident of District Nainital.

Mr. Rohit Dhyani, learned Brief Holder appearing for the State, opposed the bail application.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant Harish Nath Goswami be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) The applicant shall make himself available at the time of interrogation by a police officer as and when requires;

ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the Investigating Officer will be free to move the court for cancellation of bail.