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Judgment
Alok Kumar Verma, J
The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for grant of Anticipatory Bail under Sections 409, 420, 466, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the First Information Report No. 310 of 2019, registered at police station Jaspur, District Udham Singh Nagar.
The case of the prosecution is that a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No. 33 of 2019. Mr. Bheem Bhaskar Arya, the Inspector, was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 05.11.2019. The First Information Report was registered against the Manager, Officers and employees of Mahaveer Institute of Technology, Meerut and the co-accused.
Heard Mr. Aditya Pratap Singh, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.
Mr. Aditya Pratap Singh, Advocate, contended that the applicant- Km. Manika Sharma, aged about 48 years, has been falsely implicated in the present matter. Mahaveer Institute of Technology, Meerut was being run by a Society, namely, New Tuples Educational Society, registered under the provisions of the Societies Registration Act, 1860. The present applicant was the Vice Chairman of the said Society. She had not received any amount of scholarship. An FIR (No. 496 of 2018) was already registered against the said Institute. The present FIR has been lodged for the same cause of action and for the same set of allegations. Applicant was granted regular bail in the said FIR (No. 496 of 2018). An interim relief has been granted to the applicant in the Writ Petition, filed under Article 226 of the Constitution of India. The main accused- Mahipal Singh and Manoj Kumar have already been granted regular bail by the Trial Court. Applicant is a permanent resident of District Meerut, therefore, there is no likelihood of her absconding. She does not have any criminal antecedents. The present matter rests on the documentary evidence and all the relevant documents have been filed by the Investigating Officer along with charge-sheet.
On the other hand, Mr. Rakesh Negi, learned Brief Holder for the State, opposed the Anticipatory Bail Application orally. However, he submitted that the charge-sheet has already been filed by the Investigating Officer, therefore, there is no need 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- Km. Manika Sharma 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.
It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.
Anticipatory Bail Application (No. 569 of 2024) stands disposed of accordingly.