Personal liberty under Article 21 of the Constitution of India should be curtailed only when imperative according to the peculiar facts and circumstances of the case.

JUDGMENT

Alok Kumar Verma, J. - Apprehending his arrest, the applicant moved an application for anticipatory bail before the learned Special Judge (Anti-Corruption)/First Additional District and Sessions Judge, Nainital in connection with FIR no.0060 of 2020, registered with Police Station Khatima, District Udham Singh Nagar for the offence under Sections 409, 420, 466, 467, 468, 471, 120-B of IPC and Section 13 (1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988. The learned Special Judge (Anti Corruption)/1st Additional District and Sessions Judge, Nainital has rejected the said application for anticipatory bail on 16.09.2021.

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. Heard Mr. Navneet Kaushik, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned Deputy Advocate General along with Mr. Balvinder Singh, learned Brief Holder for the State.

4. Mr. S.S. Adhikari, the learned Deputy Advocate General for the State requested further three weeks’ time to file relevant documents.

5. Mr. Navneet Kaushik, the learned counsel for the applicant requested to consider to grant interim protection to the applicant.

6. According to the present case, in compliance of the order, passed by this High Court in Writ Petition (PIL) No.33 of 2019, Mr. N.N. Pant, Inspector, was appointed as a member of the Special Investigation Team (S.I.T.). After enquiry, the informant, Mr. N.N. Pant, Inspector, lodged an FIR on 11.03.2020 against the co-accused persons.

7. The learned counsel for the applicant submitted that the applicant has been falsely implicated; he was posted as Personal Assistant in the office of District Social Welfare Officer, Rudrapur, District Udham Singh Nagar from August, 2004 to 26.06.2019; there was no rule for physical verification of the students in respect of the Institutes situated outside the State of Uttarakhand; there was no policy prior to 15.07.2015 for physical verification of the students and on 15.07.2015, for the first time the policy was issued by a Government Order for physical verification of the students, studying in the Institutes situated outside the State of Uttarakhand; the duty of the applicant was to verify the documents of the concerned students; the applicant had verified the documents of the concerned students in accordance with law; entire case rests on the documentary evidence and entire documents are in possession of the Investigating Agency; the applicant undertakes that he will co-operate with the Investigating Agency.

8. The scheme of 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 Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely :-

(i) the nature and gravity of the accusation ;

(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of anv cognizable offence;

(iii) the possibility of the applicant to flee from justice; and

(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail:

Provided that where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station