Point of Law : Grant of Bail - Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India.

JUDGMENT :

Alok Kumar Verma, J.

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.0087 of 2020, registered with Police Station Dalanwala, District Dehradun for the offence under Sections 409, 420, 120B of I.P.C. and Section 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

2. According to the FIR dated 14.06.2020, in the scholarship scam, vide letter dated 17.04.2018 of Principal Secretary, Home Department of the State of Uttarakhand, a Special Investigation Team was constituted. Mr. Dayal Singh, Sub-Inspector was appointed as a member of the Special Investigation Team (SIT). After enquiry, Mr. Dayal Singh, Sub-Inspector, informant, lodged an FIR against the owner and manager of Om Santosh Private I.T.I., District Saharanpur, Uttar Pradesh. During the investigation, the name of the present applicant has come into light.

3. Heard Mr. Navneet Kaushik, the learned counsel for the applicant and Mr. Pratiroop Pandey, the learned AGA with Mr. P.S. Uniyal, the learned Brief Holder for the State.

4. Mr. Navneet Kaushik, the learned counsel for the applicant, submitted that the applicant has been implicated in this matter; he is not named in the FIR; at the relevant point of time, he was the District Social Welfare Officer, Dehradun; he had transferred the scholarship amounts in the account of the students as well as in the account of the Institute by means of letter dated 31.05.2014 and the letter dated 23.04.2013; during the investigation, the Investigating Officer found that there were two said letters of the same date, issued by the present applicant, one for crediting the amount of scholarship in the account of the concerned students and other for grant of scholarship in the account of the Institute. Mr. Navneet Kaushik, the learned counsel for the applicant, further submitted that it can be said that the said two letters were issued irregularly; however, no offence is made out against the applicant; the applicant, aged about 68 years, is a permanent resident of District Dehradun and he is in custody since 14.08.2021.

5. Mr. Pratiroop Pandey, the learned AGA for the State, opposed the submissions of the learned counsel for the applicant. However, he fairly conceded that at this stage of the investigation, it is not clear whether any amount of the scholarship was received/embezzled by the applicant and if it was received/embezzled, how much was received/embezzled.

6. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

8. The bail application is allowed.

9. Let the applicant Ram Avtar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

(i) the applicant shall make himself available for interrogation by the Investigating Officer as and when requires;

(ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the Investigating Officer will be free to move the court for cancellation of bail.