IMPORTANT POINT
Anticipatory bail – Being an extra-ordinary remedy, it should be resorted to only in a special case.

JUDGMENT

Alok Kumar Verma, J.—Apprehending his arrest, the applicant Ruchir Gupta, aged about 42 years, moved an application for anticipatory bail before the learned Additional District and Sessions Judge/F.T.C., Roorkee, District Haridwar in connection with Case Crime No.292 of 2020, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 409, & 420 of I.P.C. The learned Additional District & Sessions Judge/F.T.C., Roorkee, District Haridwar rejected the said application for anticipatory bail vide its order dated 16.06.2021.

2. This application, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the applicant before this court seeking anticipatory bail in the event of his arrest.

3. In the scholarship scam, vide letter dated 17.04.2018 of the Home Department of the State of Uttarakhand, a Special Investigation Team (S.I.T.) was constituted. The informant of this case Khajan Singh, Sub-Inspector, was appointed as a member of the Special Investigation Team (SIT). After inquiry, the informant Khajan Singh lodged an FIR on 14.06.2020 against the owner/manager of the College of Advance Technology, Roorkee, District Haridwar. During the investigation, the Investigating Officer recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure and perused the concerned records of the Institute. After completion of the investigation, he filed a charge-sheet against the present applicant under Sections 409 & 420 of I.P.C. After filing the charge-sheet and after taking the cognizance by the learned trial court, this anticipatory bail application has been filed by the present applicant.

4. Heard Mr. Navneet Kaushik, the learned counsel for the applicant and Mr. T. C. Aggarwal, the learned Deputy Advocate General assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State.

5. Mr. Navneet Kaushik, the learned counsel for the applicant, submitted that the applicant, Chairman of the Institute-in-question, namely, College of Advance Technology, Roorkee, District Haridwar, has been implicated in this matter; there was not a single student in his Institute, who had not enrolled; there was not a single fake student for whom scholarship was claimed; in the year 2014, the scholarship was deposited directly in the accounts of the concerned students; his Institute had received total Rs.5,61,67,780/- as a scholarship amount; earlier, the applicant had filed a Criminal Writ Petition No.805 of 2020, under Article 226 of the Constitution of India, for quashing the impugned FIR; in compliance of the order passed in that criminal writ petition, the applicant had deposited a sum of Rs. 1.00 Crore in the account of Social Welfare Department; according to the Investigating Officer, the scholarship was claimed for 56 students of the members of the Scheduled Castes; all these 56 students had studied in his Institute and scholarship were paid to these students; charge-sheet has already been filed; the applicant had cooperated with the Investigating Officer during the investigation.

6. On the other hand, Mr. T. C. Aggarwal, the learned Deputy Advocate General for the State, opposed the anticipatory bail application and submitted that an instruction has been received by him from the Investigating Officer that the Investigating Officer is not going to arrest the present applicant; during the course of the investigation, it has come into the light that the applicant being the Chairman of the said Institute, was the account-holder of the said Institute and an amount of Rs.44,79,345/- was withdrawn and embezzled by him.

7. The scheme of the Section 438 of the Code of Criminal Procedure is introduced by the State of Uttarakhand vide Act No.22/2020. Section 438 of the Code of Criminal Procedure, 1973 reads as follows:-

(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Cour