ALOK KUMAR VERMA
Abhinav Jauhari – Appellant
Versus
State of Uttarakhand – Respondent
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 in the offence 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. In the scholarship scam matter, a Special Investigating Team was constituted in compliance with the order of this Court, passed in the Writ Petition No. 33 of 2019. Mr. Bhim Bhaskar Arya, the Inspector, was a member of the said Special Investigation Team. He inquired the matter and lodged an FIR on 28.11.2020.
3. Heard Ms. Priyanka Agrawal, learned counsel holding brief of Mr. B.D. Pande, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.
4. Learned counsel appearing for the applicant contended that the applicant, who has been shown as a middleman, has been falsely implicated in the present matter. He has not received any scholarship amount. The scholarship amount was deposited directly into the bank accounts of the respective students. Applicant does not have
Anticipatory bail can be granted when the applicant demonstrates no risk of absconding or tampering with evidence, and personal liberty is a paramount consideration.
Anticipatory bail can be granted when personal liberty is at stake, and the applicant poses no flight risk or threat to the investigation.
Anticipatory bail can be granted when the applicant demonstrates no direct involvement in the alleged crime, especially when personal liberty is at stake and the charge-sheet has been filed.
The court established that anticipatory bail can be granted when personal liberty is at stake, provided the accused are willing to cooperate with the investigation.
The court established that anticipatory bail can be granted when the applicant demonstrates compliance with legal obligations and poses no risk of absconding or tampering with evidence.
The court established that anticipatory bail can be granted when personal liberty is at stake, especially in the absence of strong evidence or objections from the prosecution.
The grant of anticipatory bail should be based on the prima facie case against the accused, the nature of the offence, and the lack of established special circumstances.
Anticipatory bail can be granted when personal liberty is at stake, provided the applicant meets specific conditions and there is no necessity for custodial interrogation.
Anticipatory bail can be granted when the applicants demonstrate no risk of absconding or tampering with evidence, and when custodial interrogation is not deemed necessary.
The court established that anticipatory bail can be granted when there is insufficient evidence to justify custodial interrogation, reinforcing the protection of personal liberty under Article 21.
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