Anticipatory bail can only be granted in exceptional circumstances, and absconders are generally ineligible for anticipatory bail.

JUDGMENT :

Alok Kumar Verma, J.

Apprehending his arrest, the applicant-accused Rahul Vishnoi moved an application for anticipatory bail before the learned District and Sessions Judge, Haridwar in connection with the First Information Report No.0357 of 2019, registered with Police Station SIDCUL, District Haridwar for the offence under Sections 409, 420, 467, 468, 471 of IPC. On 24.12.2021, the learned Incharge District and Sessions Judge, Haridwar rejected the said application for anticipatory bail.

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. Bhupesh Kandpal, the learned counsel for the applicant and Mr. T. C. Agarwal, the learned Deputy Advocate General assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State through video conferencing.

4. According to the present case, in the scholarship scam matter, vide letter dated 17.04.2018 of the Principal Secretary, Home of the Government of Uttarakhand a Special Investigation Team (SIT) was constituted. Sub-Inspector Lalita Chufal, the informant of this matter, was appointed as a member of the Special Investigation Team. After enquiry, she lodged an FIR on 14.10.2019 against Manav Bharti Vishwa Vidyalaya, Solan, Himachal Pradesh. After completion of the investigation, the charge-sheet has been filed against the present applicant.

5. During investigation, evidence are found that the present applicant was the owner of N Power Academy. The said Academy was run and managed by the applicant. The said Academy of the applicant was not recognized by Manav Bharti Vishwa Vidyalaya, Solan, Himachal Pradesh. The owner of the said Academy had forwarded the list of the concerned students to the Social Welfare Department to get tuition fee and scholarship of the said students. The Social Welfare Department had released the scholarship amount including the tuition fee to the said Academy and the said amount was deposited in the account of the present applicant, the owner of the said Academy.

6. Mr. Bhupesh Kandpal, the learned counsel for the applicant, submitted that the applicant has been implicated in this matter; Manav Bharti Vishwa Vidyalaya, Solan was running by the Manav Bharti Charitable Trust; the said University had sold 26,000 fake degrees across 17 States in over 11 years; total 41,000 degrees were issued by the said University, but, only 5,000 degrees were found to be genuine; the said University was declared fake University; however, at the relevant point of time i.e. 2011-2012, the said University was genuine University; the scholarship and tuition fee, received from the Social Welfare Department, were transferred to the said University by the applicant; the applicant is ready to deposit a Draft of Rs. 50 lakhs just to show his bona fide.

7. Mr. T.C. Agarwal, the learned Deputy Advocate General, opposed the present application. He submitted that during the investigation, evidence are found against the applicant, who was the owner of N Power Academy; the said Academy was fictitious academy; according to the statement of the Registrar of Manav Bharti University, recorded during the investigation, the said N Power Academy was not given recognition by the said University. He further submitted that Rs.2,59,20,300/- was released by the Social Welfare Department to the present applicant; the said amount was deposited in the bank account of the applicant, and, the said amount was embezzled by the applicant.

8. The learned counsel for the State further submitted that earlier, the applicant had filed an application under Section 482 of the Code of Criminal Procedure, 1973 and in that matter, he had requested for ten days’ to surrender before the concerned trial court; the said application was decided accordingly. The learned counsel for the State submitted that even availing the sufficient opportunity and ten days’ time to surrender before the conc