IMPORTANT POINT
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.

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 registered Society “Mahavidyalay Sabha, Jawalapur”. The applicant no. 1 was the Vice-Chairman and the applicant no. 2 was the Director of the said Institute at the relevant time. At present, the applicants are not associated with the functioning of the said Institute as the entire management has changed due to subsequent developments. The concerned students were enrolled and they had received their scholarship. No scholarship amount was misappropriated by the applicants. Applicants are not previous convicts. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding. They were granted relief by this Court in a petition filed under Article 226 of the Constitution of India to quash the First Information Report. The present matter rests on the documentary evidence and all the documentary evidence have been filed by the Investigating Officer along with the charge-sheet, therefore, there is no chance of tampering with the evidence.

5. On the other hand, Mr. V.K. Jemini, learned Deputy Advocate General for the State, has opposed the Anticipatory Bail Application orally. However, on instruction, he submits that the custodial interrogation is not needed.

6. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

7. In the facts and circumstances of the case, the applicants –Rajesh Kumar and Ankush Ohri are directed to be released on Anticipatory Bail, in the event of their arrest, on furnishing their personal bonds of Rs.30,000/- each and two reliable sureties, each in the like amount on the following conditions:

(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment.

(ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(iii) Applicants shall not leave the country without the previous permission of the trial court.

8. It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

9. First Anticipatory Bail Application (No. 809 of 2024) stands disposed of accordingly.