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Uttarakhand High Court · body

2016 DIGILAW 743 (UTT)

Rakesh Singh v. State of Uttarakhand

2016-10-19

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. 1. Since the factual matrix and controversy involved therein in the aforesaid bail applications is the same, therefore, they are being decided together for the sake of brevity and convenience. 2. Applicants Rakesh Singh, Aneesh Ahmad @ Aneesh Mohamad and Dilip Menariya, seek bail in FIR no. 09 of 2016, under Sections 420, 467, 468, 471, 120B, 511 IPC and Section 3(1)(ix)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, police station, Bhimtal, District Nainital. Applicant Gaurav Goel, seek bail in Case Crime no. 07 of 2016, under Sections 420, 467, 468, 471, 120B IPC and Section 13(3)(d) of the Prevention of Corruption Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, police station, Vigilance Sector, District Dehradun. 3. Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail application. 4. Whereas accused-applicants, namely Dilip Menariya, Aneesh Ahmad @ Aneesh Mohamad and Gaurav Goel are the employees of Mewar University, accused-applicant Rakesh Singh is a student, who, according to learned A.G.A., is stated to have motivated the students in collusion with the employees of the Mewar University to get admission in said University. The allegations against other applicant, according to learned A.G.A., is that they opened fake accounts with Corporation Bank, Vasundhara, Ghaziabad to embezzle/siphon off the scholarship money, which would have come to the aid of the Scheduled Caste and Scheduled Tribe students of the area getting admission in the said University. 5. Learned Senior Counsel for the applicants submitted that, as per the procedure, the scholarship amount will be released into the accounts of respective students only after verification by the Social Welfare Department of the State Government and students only can withdraw money once it is remitted to their accounts. Learned Senior Counsel further submitted that the money was to be released by the Social Welfare Department of the State Government in the accounts of the students belonging to Scheduled Caste and Scheduled Tribe category and, therefore, the employees have no role, if at all, the money was to be embezzled. 6. No Scheduled Caste or Scheduled Tribe student has come forward to make a complaint against the present applicants. 6. No Scheduled Caste or Scheduled Tribe student has come forward to make a complaint against the present applicants. The complaint has been filed by University’s former Advocate, who was disgruntled person and had a fee settlement dispute with the University, according to learned Senior Counsel for the applicants. At the most, it is a case of an attempt on the part of the applicants for embezzlement of scholarship money meant for the Scheduled Caste and Scheduled Tribe students. The offences, if any, could have taken place had present applicants succeeded in their designs, as per allegations levelled in the FIR, submitted learned Senior Counsel for the applicants. 7. Learned A.G.A. further submitted that 101 documents were recovered from the possession of the applicants and Rs. 3,64,000/- have been released by the Social Welfare Department of the State Government in 28 accounts of the students, which accounts were opened by the accused-applicants with fake signatures. The students have submitted that they never went to any bank to open their accounts. It is, however, admitted that the money was never withdrawn by anybody. 8. Learned Senior Counsel for the applicants replied that the money was deposited in the accounts of genuine students and the department, on enquiry, has found that the money was deposited in the accounts of genuine students and only bona-fide students could have withdrawn the same, which was deposited in their respective accounts. 9. Accused-applicants Gaurav Goel and Aneesh Ahmad @ Aneesh Mohamad are in judicial detention since 05.06.2016; accused-applicants Dilip Menariya and Rakesh Singh (student) are in judicial detention since 08.06.2016 and 17.06.2016, respectively, and have no previous criminal history. 10. It is informed to the Court that the charge sheets have been filed against all the accused-applicants and cognizance has been taken on the said charge sheets. No witness has yet entered into the witness box. 11. Considering the entire conspectus of things, following order is hereby passed in the interest of justice: 12. Applicant Rakesh Singh (student) be enlarged on bail on his executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of Magistrate concerned. 13. No witness has yet entered into the witness box. 11. Considering the entire conspectus of things, following order is hereby passed in the interest of justice: 12. Applicant Rakesh Singh (student) be enlarged on bail on his executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of Magistrate concerned. 13. Applicants Aneesh Ahmad @ Aneesh Mohamad, Dilip Menariya and Gaurav Goel are granted short term bail for a period of three months on their each executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Magistrate concerned. 14. Liberty is granted to these applicants to move for extension of their bail on or before expiry of three months of short term bail. 15. Learned Senior Counsel for the applicants/learned A.G.A. shall apprise the Court about the current status of trial after three months. 16. If at any point of time, it is found that the applicants are misusing the bail, learned court below shall be at liberty to cancel their bail, in accordance with law. 17. All the bail applications thus stand disposed of.