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Judgment
Alok Kumar Verma, J
This is the Second Anticipatory Bail Application.
The First Anticipatory Bail Application (ABA No.71 of 2022) was rejected on 24.02.2023. A Special Leave Petition (Criminal) Diary No.49716 of 2024 was filed against the said order dated 24.02.2023. The Special Leave Petition was dismissed as withdrawn on 02.12.2024.
The Second Anticipatory Bail Application has been filed by the applicant-Shishir Singh Rana in the First Information Report bearing registration no.405 of 2019, registered at Police Station SIDCUL, District Haridwar under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.
Pursuant to the letter dated 17.04.2018 of the Principle Secretary, Home, Government of Uttarakhand, a Special Investigation Team (SIT) was constituted in the scholarship scam matter. After inquiry, Sub-Inspector Rajendra Singh Kholia, a member of the said SIT, lodged the First Information Report against the owner of U.P. College, Polytechnic for Research, Kamalpur, District Saharanpur (U.P.). During the investigation, it was found that a sum of Rs.30,27,600/- (Rupees Thirty Lakh Twenty Seven Thousand Six Hundred) of the scholarship amount for 92 students was embezzled by the present applicant.
Heard Mr. Ramji Srivastava, learned counsel for the applicant and Mr. G.S. Sandhu, learned Addl. Advocate General for the respondent.
Mr. Ramji Srivastava, Advocate, submitted that the entire amount i.e. Rs.30,27,600/- (Rupees Thirty Lakh Twenty Seven Thousand Six Hundred) has been deposited by the applicant through Bank Demand Draft dated 06.01.2025. Therefore, in this changed circumstances, the present Second Anticipatory Bail Application has been filed.
Mr. Ramji Srivastava, Advocate further submitted that the applicant is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. He is not a convicted person. All the relevant documents were in the possession of the Investigating Officer and the Investigation Officer has filed the charge-sheet before the concerned court, therefore, there is no chance of tampering with the evidence.
Mr. G.S. Sandhu, Addl. Advocate General has opposed the anticipatory bail application. However, he submitted that charge-sheet has already been filed, therefore, custodial interrogation of the applicant is not required.
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-Shishir 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.