IMPORTANT POINT
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 interrogation is not required.

JUDGMENT :

Alok Kumar Verma, J.

This is the Third Application, filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the First Information Report No.41 of 2020, registered at police station SIDCUL, District Haridwar.

2. The First Anticipatory Bail Application was dismissed as withdrawn on 27.02.2020. The Second Anticipatory Bail Application was dismissed as withdrawn on 08.11.2021 granting liberty to file Anticipatory Bail Application before the Sessions Judge, Haridwar.

3. The Sessions Judge has rejected the Anticipatory Bail Application on 27.04.2022.

4. The case of the prosecution is that a Special Investigation Team was constituted in the scholarship scam matter. Mr. Kamal Kumar Lunthi, the Inspector, was a member of the said Special Investigation Team. The matter was inquired by him. After inquiry, he lodged an FIR on 03.02.2020 against BLS Institute of Management and co-accused.

5. Heard Mr. Aditya Pratap Singh, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

6. Mr. Aditya Pratap Singh, Advocate argued that “BLS Institute of Management” was run by a Society, namely, “BLS Institute of Management”, registered under the provisions of the Societies Registration Act, 1860. The present applicant, who was the Registrar of the Society, has been falsely implicated in the present matter. Applicant has not received any amount of scholarship. He was not arrested during the course of the investigation. He was granted interim relief in Criminal Writ Petition No.454 of 2020, filed under Article 226 of the Constitution of India. Applicant, aged about 52 years, does not have any criminal antecedents. He is a permanent resident of District Meerut, U.P., therefore, there is no likelihood of his absconding. The present matter rests on the documentary evidence and the relevant documents have been submitted by the Investigating Officer along with charge-sheet.

7. Mr. Rakesh Negi, learned Brief Holder for State, has opposed the Anticipatory Bail Application. However, he has submitted on the instruction, received from the Investigating Officer, that the charge-sheet has already been filed, therefore, there is no need of custodial interrogation.

8. 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.

9. In the facts and circumstances of the case, applicant- Kapil Garg is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

(i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

(iii) Applicant shall not leave the country without the previous permission of the Trial Court.

10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

11. Anticipatory Bail Application (No.1 of 2022) stands disposed of accordingly.