IMPORTANT POINT
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.

JUDGMENT :

(Alok Kumar Verma, J.) :

The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail in connection with the Case Crime No.50 of 2020, registered at police station Khanpur, District Haridwar.

2. As per the First Information Report, 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. He enquired the matter and lodged an FIR on 15.03.2020 against Roorkee Business School.

3. Heard Mr. Aditya Pratap Singh, learned counsel for the applicants and Mr. Pratiroop Pandey, learned AGA for the State.

4. Mr. Pratiroop Pandey, Advocate, submitted that a charge-sheet has been filed against the present applicants – accused under Section 420 and Section 409 of the Indian Penal Code, 1860.

5. Mr. Aditya Pratap Singh, Advocate, for the applicants contended that the Roorkee Business School was run by a Society, namely, “Chaudhary Nasseb Singh Jabar Singh Educational Welfare Society”. Applicant no.1 Chhabil Singh was the president of the Society and the applicant no.2 Sher Singh was the Secretary of the said Society. They have been falsely implicated in the present matter. A total sum of Rs.4,43,52,200/- was received by the concerned students in their respective bank accounts for the year, 2015-2016 and 2016-2017. A letter dated 02.07.2016 was sent to the District Social Welfare Officer with a Cheque No.881749 amounting to Rs.61,950/- stating that around seven students are not eligible for the scholarship and thus the same is returned through the said cheque.

6. Mr. Aditya Pratap Singh, Advocate, further submitted that the applicants do not have any criminal antecedents. They are running a school and they are the permanent residents of District Haridwar, therefore, there is no possibility 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.

7. Mr. Pratiroop Pandey, Advocate, has opposed the Anticipatory Bail Application orally. However, he further submitted on instructions that charge-sheet has 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, applicants – Chhabil Singh and Sher Singh 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.

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

11. Anticipatory Bail Application (No.408 of 2024) stands disposed of accordingly.