IMPORTANT POINT
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.

JUDGMENT :

ALOK KUMAR VERMA, J.

1. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for Anticipatory Bail under Sections 409, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the First Information Report No. 102 of 2020, registered at police station Dalanwala, District Dehradun.

2. A Special Investigation Team was constituted in the scholarship scam matter. After enquiry, the Inspector Chandra Bhan Singh Adhikari lodged the First Information Report on 02.07.2020. The First Information Report was registered against Sobhit University, Aadarsh Area, Gangoh, Saharanpur (Uttar Pradesh).

3. Heard Ms. Manisha Bhandari, learned counsel for the applicant and Mr. V.K. Jemini, learned Deputy Advocate General for the State.

4. Ms. Manisha Bhandari, Advocate has contended that the applicant has been falsely implicated in the present matter. He was not named in the First Information Report. He runs a construction firm namely, “M/s. Vaayu Putra Construction” which works on contractual basis and is registered as “B-Class” Contractor in PWD Office, Dehradun, Uttarakhand Peyjal Sansthan and Vikas Evam Nirman Nigam, Dehradun. He has been added to the charge-sheet on the basis of the statements of the co-accused. He has not received any fund of the scholarship. He has no criminal history. He is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding. He was granted interim relief in a petition, filed by him under Article 226 of the Constitution of India to quash the First Information Report. Charges-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

5. Learned counsel for the State, on the other hand, has opposed the Anticipatory Bail Application. However, on instruction, he submits that the charge-sheet has been filed, therefore, there is no requirement 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-Ranveer 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 so as to dissuade him from disclosing such facts to the Court or to any police officer.

(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. First Anticipatory Bail Application (No. 892 of 2024) stands disposed of accordingly.