Sulochana Parwal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Anticipatory Bail under Sections 409, 420, 466, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the Case Crime No. 177 of 2024, registered at police station Sitarganj, District Udham Singh Nagar.

A Special Investigation Team was constituted in the scholarship scam matter in compliance with the order, passed by this Court in Writ Petition (PIL) No.33 of 2019. Sub-Inspector Kavindra Sharma was a member of the Special Investigation Team. The matter was enquired. After enquiry, Sub-Inspector Kavindra Sharma lodged an FIR on 29.04.2024. The allegations have been made against the Institute, namely, Dr. Sushila Tewari Private Mahavidyalay, Sitarganj in the First Information Report.

Heard Mr. Rajeev Sharma, learned counsel for applicant and Mr. V.K. Jemini, learned Deputy Advocate General assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Rajeev Sharma, Advocate, has contended that the applicant, aged about 54 years, has been falsely implicated in the present matter. She was working on the post of Principal in Dr. Sushila Tewari Private College, Sitarganj, District Udham Singh Nagar from 2010 till 2017. The concerned students had received the scholarship amount. She had not received any amount of scholarship. The co-accused Ajay Kumar Singh, Shambhunath Singh, Doodhnath and Ramsakal have already been granted anticipatory bail by this Court. She is a permanent resident of District Nainital, therefore, there is no chance of her absconding. She undertakes that she will cooperate with the investigating agency during the course of the investigation.

Mr. V.K. Jemini, learned Deputy Advocate General, for the State, on instruction, has opposed the Anticipatory Bail Application orally.

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 – Sulochana Parwal 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 cooperate with the Investigating Agency and she shall make herself available at the time of interrogation by the Investigating Agency as and when required;

(ii) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of this case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) Applicant shall not leave the country without the previous permission of the trial court;

(iv) In the present matter, if charge-sheet is filed, applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

First Anticipatory Bail Application (No.751 of 2024) stands disposed of accordingly.