IMPORTANT POINT
Anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure when the applicant demonstrates a lack of flight risk and the necessity of protecting personal liberty, especially in cases where custodial interrogation is not warranted.

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 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 2023), registered at Police Station Jaspur, District Udham Singh Nagar.

2. A Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Mr. Bheem Bhaskar Arya, the Inspector, was a member of the said Team. He inquired the matter. After inquiry, he lodged the First Information Report against the present applicant and the co-accused persons. The First Information Report was registered on 26.07.2020.

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

4. Mr. Ankush Kumar Tyagi, Advocate contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He has not received any amount of scholarship. He was not arrested during the course of the investigation. He was granted interim relief in WPCRL No.1924 of 2020. He is a permanent resident of District Udham Singh Nagar, therefore there is no chance of his absconding. He is not a previous convict. The charge-sheet has already been filed, therefore there is no requirement of custodial interrogation.

5. Mr. Rakesh Kumar Negi, Brief Holder, opposed the Anticipatory Bail Application. According to him, applicant is a middleman. He further submitted that the Investigating Officer has filed charge-sheet, therefore, he (Investigating Officer) does not want to interrogate the applicant.

6. 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.

7. In the facts and circumstances of the case, applicant- Digvijay 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.

8. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

9. Anticipatory Bail Application (No.167 of 2024) stands disposed of accordingly.