IMPORTANT POINT
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.

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 420, 466, 467, 468, 471, section 120 B of the Indian Penal Code, 1860 and Section 8 of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 43 of 2019, registered at police station Bhimtal, District Nainital.

2. Sub-Inspector Dan Singh Mehta was a member of the Special Investigation Team. The said Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition (PIL) No.33 of 2019. He enquired the matter and after completion of the enquiry, he lodged a First Information Report on 27.09.2019. Upon conclusion of the investigation, chargesheet was filed.

3. Heard Mr. Rajat Mittal, learned counsel for applicants and Mr. V.K. Gemini, learned Deputy Advocate General for State.

4. Mr. Rajat Mittal, Advocate, contended that the applicants have been implicated in the present matter. They are not named in the First Information Report. They did not receive any scholarship amount from any person. They are not beneficiary. They are not convicted in any case. They are permanent residents of District Dehradun, therefore, there is no possibility of their absconding. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation, and, the present applicants have been granted Interim Anticipatory Bail in the present matter.

5. Opposing the Anticipatory Bail Application, Mr. V.K. Gemini, learned Deputy Advocate General for State, submitted that the role of the present applicants was that of middleman. However, it has been submitted by him that during the investigation, no evidence has been found against the applicants to the effect that the applicants had received any scholarship money from any person, and, 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, applicants- Sant Ram Tomar and Kalyan Singh Negi 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.

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

9. Anticipatory Bail Application (No. 284 of 2022) stands disposed of accordingly.