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, 466, 467, 468, 471, Section 120 B of the Indian Penal Code, 1860, Section 7 A, Section 8, Section 10 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.402 of 2020 (Special Sessions Trial No.65 of 2022), registered at police station Jaspur, District Udham Singh Nagar.
2. Heard Mr. B.D. Pande, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.
3. Mr. B.D. Pande, Advocate, contended that the applicant has been falsely implicated in the present matter. His name has come into light in the confessional statement of the co-accused Devendra. He was not arrested during the course of the investigation. He was granted interim relief in WPCRL No.2031 of 2020, filed under Article 226 of the Constitution of India. Charge-sheet has already been filed, therefore, custodial interrogation is not needed. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding.
4. Mr. Pratiroop Pandey, A.G.A., has opposed the Anticipatory Bail Application. However, he has fairly conceded that the name of the present applicant has come into light in the confessional statement of the co-accused-Devendra.
5. 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.
6. In the facts and circumstances of the case, applicant- Digvijay 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.
(iii) Applicant shall not leave the country without the previous permission of the Trial Court.
7. 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.
8. Anticipatory Bail Application (No.81 of 2024) stands disposed of accordingly.
