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, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the First Information Report No. 01 of 2020, registered at police station Ranikhet, District Almora.
2. As per the First Information Report, a Special Investigation Team was constituted in compliance with the order dated 05.07.2019, passed by this Court in Writ Petition (PIL) No. 33 of 2019. Sub-Inspector-Surendra Singh Ringwal was a member of the said Team. He enquired the matter. After the enquiry, he lodged an FIR on 10.01.2020.
3. Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.
4. Mr. Rajat Mittal, Advocate, contended that the applicant was not named in the First Information Report. He has been falsely implicated in the present matter. He is not a beneficiary of the scholarship scheme. He has not misappropriated any amount of the scholarship scheme. He has not received any amount relating to scholarship. The scholarship amount has been received by the concerned students. Applicant is a Sub-Registrar in Monad University, Hapur, therefore, there is no likelihood of his absconding. He is not a previous convict. The present matter rests on the documentary evidence and all the relevant documents are in the possession of the Investigating Officer. Charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation, and, co-accused persons have been granted Anticipatory Bail/Regular Bail.
5. Mr. Rakesh Negi, Brief Holder for the State has opposed the Anticipatory Bail Application. However, he has submitted that a charge-sheet has been filed by the Investigating Officer, 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- Suhail Ahmad is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bonds 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. 257 of 2021) stands disposed of accordingly.
