Alok Kumar Verma, J
1. This Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the Case Crime No. 162 of 2020 (Criminal Case No.713 of 2021), registered at police station Gangnahar, District Haridwar.
2. A Special Investigation Team was constituted in the scholarship scam matter. Sub-Inspector-Mr. Khajan Singh Chauhan was a member of the said Special Investigation Team. He enquired the matter and lodged an FIR on 14.03.2020. The First Information Report was registered against the owner and the manager of BRD College of Management Sciences and BRD Private ITI.
3. Heard Mr. Navneet Kaushik, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.
4. Mr. Navneet Kaushik, Advocate, argued that the Institute, namely, “BRD College of Management Sciences” and “BRD Private ITI” were run by a Society, namely, “Baburam Degree College”. Applicant, aged about 53 years, was the Chairman of the said Society. He had no direct role in the day to day affairs of the running of the said Institutes. All the concerned students were enrolled and the scholarship amount was received by them. Applicant had not received any scholarship amount. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He is not a previous convict, and, he was granted interim relief in the Writ Petition, filed under Article 226 of the Constitution of India.
5. On the other hand, Mr. Rakesh Negi, learned Brief Holder 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 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 - Jalaj Gaur 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
9. Anticipatory Bail Application (No. 593 of 2024) stands disposed of accordingly.
