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ALOK KUMAR VERMA
Shalabh Rai – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 466, 467, 468, 471, 120B of the Indian Penal Code, 1860, Section 7A and Section 8 of the Prevention of Corruption Act, 1988 in connection with the Case Crime No.40 of 2020 (Special Sessions Trial No.02 of 2023), registered at police station I.T.I. District Udham Singh Nagar.
2. A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No.33 of 2019 in the scholarship scam matter. Mr. G.B. Joshi, the Inspector, was appointed as a member of the Special Investigation Team. He enquired the matter and lodged an FIR on 29.01.2020. The First Information Report was registered against the Manager and Owner of Millennium Institute of Technology, Biharigarh (Uttar Pradesh) and co-accused.
3. Heard Mr. Navneet Kaushik, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.
4. Mr. Navneet Kaushik, Advocate, contended that the applicant has been falsely implicated in the present matter. The Institute, namely, “Millennium Institute of Technol
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.
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....
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 and no custodial interrogation is necessary.
Anticipatory bail can be granted when personal liberty is at stake, and the applicant poses no flight risk or threat to the investigation.
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 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.
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 the applicant demonstrates compliance with legal obligations and poses no risk of absconding or tampering with evidence.
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