IMPORTANT POINT
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of flight or tampering with evidence, reinforcing the principle of personal liberty.

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, 467, 468, 471, 120 B of the Indian Penal Code, 1860, Section 7 and Section 8 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.256 of 2020 (Special Sessions Trial No.28 of 2024), registered at police station Jaspur, District Udham Singh Nagar.

2. The case of the prosecution is that a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Mr. Bhim Bhaskar Arya, the Inspector, was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 26.07.2020 against the co-accused.

3. Heard Mr. Ankush Kumar Tyagi, learned counsel for applicant and Mr. Rakesh Negi, learned Brief Holder for State.

4. Opposing the Anticipatory Bail Application orally, learned counsel appearing for the State submitted that the applicant was running Common Service Centre and he was also the agent of Bank of Baroda. He opened the Bank Account (Bearing No.159088100001349) of the student – Ankit Chandra by using false documents Voter I.D. Card and Ration Card.

5. Mr. Ankush Kumar Tyagi, Advocate, appearing for the applicant, contended that the applicant, who was an officer of Mini Bank Customer Service Center, Meghawala, Jaspur, District Udham Singh Nagar, has been falsely implicated in the present matter. He had opened the account of the concerned student in accordance with rules. He did not receive any amount of scholarship. He is not a previous convict. He was not arrested during the course of the investigation. Now, charge-sheet has been filed by the Investigating Officer, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding.

6. Learned counsel for the State submitted that the Investigating Officer has filed the charge-sheet, therefore, he 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, applicant – Devendra Singh 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.

9. 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.

10. Anticipatory Bail Application (No.395 of 2024) stands disposed of accordingly.