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 the absence of custodial interrogation needs.

JUDGMENT :

(Alok Kumar Verma, J.) :

Present Application has been 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.404 of 2019 (Criminal Case No.2571 of 2020), registered at police station SIDCUL, District Haridwar.

2. Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.

3. Mr. Lalit Sharma, Advocate, contended that the institute-in-question, namely, “Swami Vivekanand Polytechnic College” Manduwala, Fatehpur, District Saharanpur (Uttar Pradesh) was being run by the trust “Swami Vivekanand Educational Trust”. Applicant was one of the trustee and Chairman of the said trust. As per the fee structure approved by the Government, the tuition fee of every student was Rs.28,000/- per year and the scholarship amount was Rs.3300/- per year. Subsequently, the scholarship structure was reduced to Rs.2300/- per year from Rs.3300/- per year. The said scholarship amount was received by the concerned students. Applicant was granted Interim Relief in a petition, filed under Article 226 of the Constitution of India. He had deposited Rs.5,87,700/- in the present matter. He is not a previous convict. Applicant, aged about 58 years, is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding, and, charge-sheet has already been filed, therefore, there is no need of custodial interrogation.

4. Mr. M.K. Chand, learned A.G.A. for the State, has opposed the Anticipatory Bail Application. However, he has fairly conceded that the charge-sheet has been filed, therefore, there is no need of custodial interrogation.

5. 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.

6. In the facts and circumstances of the case, applicant- Ashwani Kumar Kamboj 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.

7. 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.

8. Anticipatory Bail Application (No.22 of 2024) stands disposed of accordingly.