Raja Babu vs State Of Uttarakhand

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 Sections 409, 420, 466, 467, 468, 471 and Section 120 B of the Indian Penal Code, 1860 in connection with the Case Crime No.404 of 2020, registered at police station Jaspur, District Udham Singh Nagar.

In the scholarship matter, 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, Inspector, was a member of the said Team. He enquired the matter. After enquiry, he lodged the First Information Report. The First Information Report was registered on 28.11.2020. Upon conclusion of the investigation, charge-sheet has been filed.

Heard Mr. B.D. Pande, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.

Opposing the Anticipatory Bail Application, Mr. Rakesh Negi, Brief Holder appearing for the State, submitted that the applicant is a middleman. He had obtained educational certificates for scholarship from four persons, who were not students of the institute.

Mr. B.D. Pande, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He did not receive any educational certificates from the said persons. He has not received any scholarship amount. He was not arrested during the investigation. Charge-sheet has already been filed, therefore, custodial interrogation is not needed. Applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding.

Mr. Rakesh Negi, Advocate, has fairly conceded that the custodial interrogation is not needed.

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- Raja Babu is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his 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 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 clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.79 of 2024) stands disposed of accordingly.