Raghubir Singh Rana vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed for anticipatory bail in the First Information Report bearing registration No.447 of 2019 (Special Sessions Trial No.7 of 2025), registered at Police Station Sahaspur, District Dehradun under Sections 409, 420, Section 120B of the Indian Penal Code, 1860, Section 13(1)(d) and Section 13(2) of the Prevention of Corruption Act, 1988.

A Special Investigation Team was constituted in the scholarship scam matter. Sub-Inspector Adtiya Saini was the member of the said Special Investigation Team. The matter was enquired. After enquiry, Sub-Inspector Aditya Saini lodged the First Information Report against the owner of Himalayan Institute of Pharmacy and Research, Dehradun.

Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the respondent.

Mr. Rajat Mittal, Advocate, submitted that the applicant, aged about 66 years, was the Assistant Block Development Officer, Sahaspur, District Dehradun at the relevant point of time. He was given an additional charge of Assistant Social Welfare Officer, Sahaspur, District Dehradun. He was given an assignment by the District Social Welfare Officer, Dehradun to verify the concerned students but physical verification was not required. He verified the documents in accordance with the direction, given by the District Social Welfare Officer, Dehradun. He retired from the service in the month of September, 2019. Applicant has not embezzled any amount of scholarship. Co-accused persons have already been granted anticipatory bail. Applicant was granted interim anticipatory bail by the Court of Session. He is not a convicted person. He is a permanent resident of District Rudraprayag. Therefore, there is no possibility of his absconding. All the relevant documents were in the possession of the investigating officer. Investigating Officer has filed the charge-sheet before the concerned court, therefore, there is no chance of tampering with the evidence.

Mr. Pratiroop Pandey, A.G.A., for the State has opposed the anticipatory bail application orally. However, he submitted that the charge-sheet has already been filed, therefore, the custodial interrogation of the applicant is not required.

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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Raghubir Singh Rana, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to 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 made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.