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Judgment
Alok Kumar Verma, J
Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 03 of 2020, registered at police station Doiwala, District Dehradun.
In the scholarship scam matter, vide letter dated 17.04.2018 of the Principal Secretary, Home, Government of Uttarakhand, a Special Investigation Team was constituted. Sub-Inspector- Rohit Kumar was a member of the said Special Investigation Team. After inquiry, he lodged an FIR against the owner and manager of Doon Ghati College of Professional Education, Doiwala, District Dehradun.
Mr. Amar Murti Shukla, Advocate contended that the applicant Smt. Manju Bharti, aged about 50 years was having the charge of the post of Block Education Officer, Doiwala, Dehradun in the year, 2015. Letter dated 20.02.2015 and 18.03.2015 were issued by the District Magistrate to all the Block Education Officers of District Dehradun regarding the verification of online application forms, received from the institutions, relating to the scholarship. Applicant duly verified the students of Doon Ghati College of Professional Education, Doiwala, District Dehradun. Applicant duly examined and verified the scholarship application forms with the attendance register of the Institution-in-question. The scholarship amount was disbursed by the Social Welfare Department in the accounts of the concerned students and there was no role of the present applicant in disbursement of the scholarship amount.
Mr. Pratiroop Pandey, learned A.G.A. has opposed the Anticipatory Bail Application.
As per the supplementary affidavit (IA No. 02 of 2023) dated 25.05.2023 of Mahesh Lakhera, Inspector, Special Investigation Team, Dehradun, the present applicant being the Block Education Officer, Doiwala, District Dehradun after proper inquiry submitted her report dated 10.03.2015 to the District Magistrate, Dehradun in pursuance to the letter dated 20.02.2015, issued by the office of the District Magistrate, Dehradun in respect to the physical verification of the Scheduled Castes and Scheduled Tribes students’ scholarship scheme online application for the academic session 2014-15. In order to verify the physical verification of the online application of the students, applicant obtained the copies of the attendance register as well as application forms of all the students of the Uttaranchal Dental Medical Research Institute, Majrigrant and Doon Ghati College of Professional Education, Doiwala, District Dehradun and after verification, she submitted her report with the submission that the students studying in the said institutions are not enrolled in any other institution.
Applicant has been granted interim anticipatory bail by this Court.
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- Manju Bharti is directed to be released on Anticipatory Bail, in the event of her arrest, on furnishing her personal bonds 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;
(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 condition, imposed upon her, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.
Anticipatory Bail Application (No. 311 of 2022) stands disposed of accordingly.