7229 TH E H ON ’ BLE SRI JUSTI CE A LOK K UM v. Counsel for t he

Counsel for t he Respondent s : Mr. Tum ul Nainwal, Assist ant Governm ent Advocat e. 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 – Raj nish Bansal for ant icipat ory bail in Case Crim e No.89 of 2020 ( Crim inal Case No.5455 of 2021) , regist ered at Police St at ion Dalanwala, Dist rict Dehradun. 2 . According t o t he First I nform at ion Report dat ed 14.06.2020, a Special I nvest igat ion Team was const it ut ed t he scholarship scam m at t er. Sub- I nspect or Manoj Negi was a m em ber of t he said Special I nvest igat ion Team . He enquired t he m at t er. He found in t he enquiry t hat funds of t he scholarship were em bezzled by Him alayan Group of Professional 1 I nst it ut ion, Him achal Pradesh. Hence, t he First I nform at ion Report was regist ered by him . 3 . Heard Mr. Shubhash Chand Burm an, learned counsel t he applicant and Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e t he respondent s. 4 . Mr. Subhash Chand Burm an, Advocat e, cont ended t hat t he applicant , aged about 61 years, has falsely im plicat ed t he present m at t er. Him alayan Group of Professional I nst it ut ion, Him achal Pradesh was run by a t rust , “ Maa Sarashwat i Educat ion Trust ” . Applicant was t he chairm an of t he t rust . He did not em bezzle any scholarship of any st udent . The st udent s who st udied under t he scholarship schem e had received t heir t ot al scholarship. None of t hem were fake st udent s. There were 161 st udent s from Dist rict Dehradun under t he scholarship schem e in respect of Academ ic Session 2014- 15. A list of 161 st udent s was verified by t he Com m issioner of Sirm aur, Him achal Pradesh. The Social Welfare Depart m ent had direct ly deposit ed scholarship in t he account s of st udent s and t he scholarship were wit hdrawn by t he st udent s t hem selves. 2 5 . Mr. Subhash Chand Burm an, Advocat e, furt her subm it t ed t hat t he applicant was not arrest ed during t he course of t he invest igat ion. He was grant ed int erim relief in t he writ pet it ion, filed under Art icle 226 t he Const it ut ion of I ndia t o quash t he First I nform at ion Report . All t he relevant docum ent s had t aken by t he invest igat ing officer from t he I nst it ut e and t he charge- sheet has been filed for t he offence under Sect ions 409, 420 and Sect ion 120B of t he I ndian Penal Code, 1860 along wit h t he docum ent s, t herefore, t here is no chance of t am pering wit h t he evidence. Applicant is a perm anent resident of Dist rict Kurukshet ra, Haryana, t herefore, t here is no possibilit y of his absconding, and, t he applicant undert akes t o appear before t he t rial court regularly. 6 . Mr. Tum ul Nainwal, Assist ant Governm ent Advocat e t he respondent s has opposed t he ant icipat ory bail applicat ion orally. However, he subm it t ed t hat t he charge- sheet has been filed by t he invest igat ing officer, t herefore, t here is no requirem ent of cust odial int errogat ion of t he applicant . 7 . 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 3 im perat ive according t o t he peculiar fact s and circum st ances of t he case. 8 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s 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 Raj nish Bansal, he 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 , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - t he t rial court ( i) Applicant shall at t end regularly and unnecessary adj ournm ent ; ( ii) Applicant shall not direct ly or indirect ly m ake any inducem ent , t o any person, acquaint ed wit h t he fact s of t his case; ( iii) Applicant shall not wit hout court . t he count ry t he previous perm ission of t he t rial t hreat or prom ise 9 . I t is clarified t hat if t he applicant m isuses or violat es any of t he condit ions, im posed upon him , 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. Dt : 18.08.2025 Pant / 4