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ALOK KUMAR VERMA
Rajiv Bhardwaj – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
1. Present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the applicant-accused Rajiv Bhardwaj for grant of Anticipatory Bail under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860, in connection with the Case Crime No. 519 of 2019 (Criminal Case No. 1470 of 2020), registered at police station Bhagwanpur, District Haridwar.
2. As per the First Information Report dated 18.11.2019, a Special Investigation Team was constituted in the scholarship scam matter in compliance with the letter dated 17.04.2018, issued by the Principal Secretary, Home, State of Uttarkahand. Mr. Bhanu Panwar, the Sub-Inspector, was a member of the said Special Investigation Team. He inquired the matter and lodged the said First Information Report.
3. Heard Mr. Ajay Veer Pundir (through video conferencing), learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.
4. Opposing the Anticipatory Bail Application, Mr. Pratiroop Pande, A.G.A. contended that the present applicant was the Director of the institute-in-question and the bank accounts, where the scholarship of the students was depo
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.
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 the applicant demonstrates no risk of absconding or tampering with evidence, and personal liberty is a paramount consideration.
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.
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.
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.
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....
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 the accused demonstrate no flight risk and when the nature of the evidence does not necessitate custodial interrogation.
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