St at e of Ut t arakhand v. Counsel for t he
Case Details
: Mr. Navneet Kaushik, Advocat e. Counsel for t he Respondent : Mr. G.S. Sandhu, Addit ional Advocat e General. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion has been filed by t he applicant s seeking ant icipat ory bail under Sect ions 409, 420, 120B and Sect ion 34 of t he I ndian Penal Code, 1860 in Case Crim e No.167 of 2020 ( Crim inal Case No.11471 of 2021, CI S No.4605 of 2021) , regist ered at Police St at ion S.I .D.C.U.L., Dist rict Haridwar. 2 . As per t he FI R, pursuant t o t he let t er dat ed
17.04.2018 of t he Principal Secret ary, Hom e, a Special I nvest igat ion Team was const it ut ed in t he scholarship scam m at t er. Sub- I nspect or Bhanu Prat ap was appoint ed as a m em ber of t he said Special I nvest igat ion Team . The m at t er was enquired. Aft er enquiry, an FI R was lodged against t he owner and m anager of D.R.P.M.E., 1 Saharanpur, Ut t ar Pradesh, D.C.E. College of Educat ion, Saharanpur, Ut t ar Pradesh and Doon College Ganeshpur, Saharanpur ( Ut t ar Pradesh) . 3 . Heard Mr. Navneet Kaushik, learned counsel for t he applicant s and Mr. G.S. Sandhu, learned Addit ional Advocat e General for t he St at e. 4 . Mr. Navneet Kaushik, Advocat e, cont ended t hat t he pet it ioners have been falsely im plicat ed t he present m at t er. The applicant no.1 was t he t reasurer of Dr. Raj endra Prasad Mem orial Educat ional Societ y. The inst it ut es in- quest ion were running by t he said Societ y. She never operat ed t he bank account s of t he I nst it ut es. Dr. Shiv Singh, t he Direct or of t he said I nst it ut es, had opened account s in t he nam e of t he applicant no.1 and t he ot her t eachers working in t he I nst it ut es wit hout t heir knowledge and wit hout t heir consent . The applicant no.2 never opened t he bank account s of t he I nst it ut es. He did not dem and any m oney t he Social Welfare Depart m ent for dist ribut ion of t he scholarship. He was em ployed as subordinat e em ployee working under t he supervision and adm inist rat ive cont rol of t he direct or of t he said inst it ut es. The applicant s had no aut horit y t o wit hdraw or disburse t he am ount s of scholarship. They never visit ed t he bank for opening t he account s of t he I nst it ut es. 2 5 . 6 . Obj ect ion has not been filed. Mr. G.S. Sandhu, Addit ional Advocat e General for t he St at e has opposed t he ant icipat ory bail applicat ion orally. 7 . Mr. Navneet Kaushik, Advocat e, t he applicant s, has furt her subm it t ed t hat int erim relief was grant ed t o t he applicant s in WPCRL No.2205 of 2020, filed under Art icle 226 of t he Const it ut ion of I ndia t o quash t he First I nform at ion Report . Applicant s are not previous convict s. All t he relevant docum ent s are in t he cust ody of t he invest igat ing officer, and, charge- sheet has already been filed, t herefore, t here is no chance of t am pering wit h t he evidence. 8 . Mr. G.S. Sandhu, Addit ional Advocat e General for t he St at e subm it t ed on inst ruct ion t hat charge- sheet already subm it t ed, hence, cust odial int errogat ion of t he applicant s is not required. 9 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he case. 1 0 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s 3 and circum st ances of t he case, t he present applicat ion, filed for ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant s, Sunit a Choudhary and Arvind Kum ar Sharm a, t hey shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo reliable suret ies, each of t he like am ount , by each one of t hem , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - t rial court t he t hey shall not seek any ( i) Applicant s shall at t end regularly and unnecessary adj ournm ent ; ( ii) Applicant s shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case. ( iii) Applicant s shall not t he count ry wit hout t he previous perm ission of t he t rial court . 1 1 . I t is m ade clear t hat if t he applicant s m isuse or violat e any of t he condit ions, im posed upon t hem , t he prosecut ion agency will be free t o m ove t he Court for cancellat ion of t he ant icipat ory bail. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dat ed: 02.04.2025 Pant / 4
: Mr. Navneet Kaushik, Advocat e. Counsel for t he Respondent : Mr. G.S. Sandhu, Addit ional Advocat e General. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion has been filed by t he applicant s seeking ant icipat ory bail under Sect ions 409, 420, 120B and Sect ion 34 of t he I ndian Penal Code, 1860 in Case Crim e No.167 of 2020 ( Crim inal Case No.11471 of 2021, CI S No.4605 of 2021) , regist ered at Police St at ion S.I .D.C.U.L., Dist rict Haridwar. 2 . As per t he FI R, pursuant t o t he let t er dat ed
17.04.2018 of t he Principal Secret ary, Hom e, a Special I nvest igat ion Team was const it ut ed in t he scholarship scam m at t er. Sub- I nspect or Bhanu Prat ap was appoint ed as a m em ber of t he said Special I nvest igat ion Team . The m at t er was enquired. Aft er enquiry, an FI R was lodged against t he owner and m anager of D.R.P.M.E., 1 Saharanpur, Ut t ar Pradesh, D.C.E. College of Educat ion, Saharanpur, Ut t ar Pradesh and Doon College Ganeshpur, Saharanpur ( Ut t ar Pradesh) . 3 . Heard Mr. Navneet Kaushik, learned counsel for t he applicant s and Mr. G.S. Sandhu, learned Addit ional Advocat e General for t he St at e. 4 . Mr. Navneet Kaushik, Advocat e, cont ended t hat t he pet it ioners have been falsely im plicat ed t he present m at t er. The applicant no.1 was t he t reasurer of Dr. Raj endra Prasad Mem orial Educat ional Societ y. The inst it ut es in- quest ion were running by t he said Societ y. She never operat ed t he bank account s of t he I nst it ut es. Dr. Shiv Singh, t he Direct or of t he said I nst it ut es, had opened account s in t he nam e of t he applicant no.1 and t he ot her t eachers working in t he I nst it ut es wit hout t heir knowledge and wit hout t heir consent . The applicant no.2 never opened t he bank account s of t he I nst it ut es. He did not dem and any m oney t he Social Welfare Depart m ent for dist ribut ion of t he scholarship. He was em ployed as subordinat e em ployee working under t he supervision and adm inist rat ive cont rol of t he direct or of t he said inst it ut es. The applicant s had no aut horit y t o wit hdraw or disburse t he am ount s of scholarship. They never visit ed t he bank for opening t he account s of t he I nst it ut es. 2 5 . 6 . Obj ect ion has not been filed. Mr. G.S. Sandhu, Addit ional Advocat e General for t he St at e has opposed t he ant icipat ory bail applicat ion orally. 7 . Mr. Navneet Kaushik, Advocat e, t he applicant s, has furt her subm it t ed t hat int erim relief was grant ed t o t he applicant s in WPCRL No.2205 of 2020, filed under Art icle 226 of t he Const it ut ion of I ndia t o quash t he First I nform at ion Report . Applicant s are not previous convict s. All t he relevant docum ent s are in t he cust ody of t he invest igat ing officer, and, charge- sheet has already been filed, t herefore, t here is no chance of t am pering wit h t he evidence. 8 . Mr. G.S. Sandhu, Addit ional Advocat e General for t he St at e subm it t ed on inst ruct ion t hat charge- sheet already subm it t ed, hence, cust odial int errogat ion of t he applicant s is not required. 9 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he case. 1 0 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s 3 and circum st ances of t he case, t he present applicat ion, filed for ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant s, Sunit a Choudhary and Arvind Kum ar Sharm a, t hey shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo reliable suret ies, each of t he like am ount , by each one of t hem , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - t rial court t he t hey shall not seek any ( i) Applicant s shall at t end regularly and unnecessary adj ournm ent ; ( ii) Applicant s shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case. ( iii) Applicant s shall not t he count ry wit hout t he previous perm ission of t he t rial court . 1 1 . I t is m ade clear t hat if t he applicant s m isuse or violat e any of t he condit ions, im posed upon t hem , t he prosecut ion agency will be free t o m ove t he Court for cancellat ion of t he ant icipat ory bail. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dat ed: 02.04.2025 Pant / 4