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ALOK KUMAR VERMA
Rajesh Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
1. The present Application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail under Section 409 and Section 420 of the Indian Penal Code, 1860 in connection with the First Information Report No. 311 of 2019, registered at police station Kankhal, District Haridwar.
2. Pursuant to letter dated 17.04.2018 of the Principal Secretary, Home of the State of Uttarakhand, a Special Investigation Team was constituted in the scholarship scam matter. The matter was enquired. It was found in the enquiry that scholarship was released to the concerned students of Swami Darshnanand Institute of Management and Technology, Gurukul Mahavidyalay, Jawalapur, Haridwar from the academic session 2011-2012 to the academic session 2016-2017. The scholarship amounts were misappropriated. Therefore, Sub-Inspector Madan Mohan Bhatt lodged an FIR on 14.10.2019.
3. Heard Mr. Aditya Pratap Singh, learned counsel for applicants and Mr. V.K. Jemini, learned Deputy Advocate General assisted by Mr. Rakesh Negi, learned Brief Holder for State.
4. Mr. Aditya Pratap Singh, Advocate, has contended that the said Institute was run by a
Anticipatory bail can be granted when the applicants demonstrate no risk of absconding or tampering with evidence, and when custodial interrogation is not deemed necessary.
Anticipatory bail can be granted when applicants demonstrate cooperation with the investigation and no risk of tampering with evidence.
The court established that anticipatory bail can be granted when personal liberty is at stake, provided the accused are willing to cooperate with the investigation.
Anticipatory bail can be granted when personal liberty is at stake, provided the applicant meets specific conditions and there is no necessity for custodial interrogation.
Anticipatory bail can be granted when the applicant demonstrates no direct involvement in the alleged crime, especially when personal liberty is at stake and the charge-sheet has been filed.
The court established that anticipatory bail can be granted when personal liberty is at stake, provided there are no compelling reasons for denial.
The court established that anticipatory bail can be granted when personal liberty is at stake, especially in the absence of strong evidence or objections from the prosecution.
Anticipatory bail can be granted when the applicant demonstrates no risk of absconding or tampering with evidence, and personal liberty is a paramount consideration.
The court established that anticipatory bail can be granted when personal liberty is at stake and no custodial interrogation is necessary.
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding and when personal liberty is at stake, especially in cases where custodial interrogat....
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