IMPORTANT POINT
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.

JUDGMENT :

(Alok Kumar Verma, J.) :

This Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for 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.91 of 2020, registered at police station Prem Nagar, District Dehradun.

2. The case of the persecution is that a Special Investigation Team was constituted in the scholarship scam matter. Sub-Inspector Santosh Semwal was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 14.06.2020. The said FIR has been registered against the Owner and Director of Baba Farid Institute of Technology Suddhowala, Dehradun.

3. Heard Mr. Amanjot Singh Chaddha, learned counsel holding brief of Mr. Aditya Singh, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.

4. Mr. Amanjot Singh Chaddha, Advocate, submitted that the applicant no.1-accused Aninder Singh Arora, aged about 56 years, was the Director of Baba Farid Institute of Technology Suddhowala, Dehradun and the Applicant no.2-accused Bhupinder Singh Arora, aged about 52 years, was the Registrar of Institute of Technology Suddhowala, Dehradun. The scholarship amount was sent directly to the bank accounts of the concerned students through District Social Welfare Department. After receiving the scholarship amount, the tuition fee were paid by the students to the said institute. The applicants have not received any amount of the scholarship. They have been falsely implicated in this matter. They were granted interim relief in a Criminal Writ Petition, filed under Article 226 of the Constitution of India. They do not have any criminal antecedents. They are permanent resident of District Dehradun, therefore, there is no chance of their absconding. The present matter rests on the documentary evidence and all the relevant documents have been filed by the Investigating Officer along with charge-sheet.

5. Despite getting sufficient opportunity to file objection(s), the State has not been filed objection(s) to the Anticipatory Bail Application.

6. Mr. Rakesh Negi, learned Brief Holder for State, has opposed the Anticipatory Bail Application orally. However, he submitted that the charge-sheet has been filed, therefore, the Investigating Officer does not want to interrogate the applicant.

7. 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.

8. In the facts and circumstances of the case, applicants-Aninder Singh Arora and Bhupinder Singh Arora are directed to be released on Anticipatory Bail, in the event of their arrest, on furnishing their personal bond of Rs. 30,000/- 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;

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

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

10. Anticipatory Bail Application (No.38 of 2024) stands disposed of accordingly.