IMPORTANT POINT
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding or interfering with the investigation, especially when custodial interrogation is not warranted.

JUDGMENT :

ALOK KUMAR VERMA, J.

1. Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 409, 420, 466, 467, 468, 471 and Section 120 B of the Indian Penal Code, 1860 in connection with the First Information Report No. 404 of 2020, 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 (PIL) No. 33 of 2019. The matter was enquired by Mr. Bheem Bhaskar Arya, the Inspector. After enquiry, Mr. Bheem Bhaskar Arya, a member of the said Team, lodged the First Information Report on 28.11.2020.

3. Heard Ms. Priyanka Agarwal, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. for State.

4. Ms. Priyanka Agarwal, Advocate, contended that the applicant, who has been shown as a middleman, has been implicated in the present matter. He has not received any amount of scholarship. Charge-sheet has already been filed. Applicant was not arrested during the investigation. Therefore, custodial interrogation is not needed. Applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, co-accused of the similar role, namely, Raja Babu has been granted Anticipatory Bail by this Court.

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

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-Naveen Kumar 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.

9. Anticipatory Bail Application (No. 186 of 2024) stands disposed of accordingly.