JUDGMENT Alok Kumar Verma, J. - This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.477 of 2020, registered with Police Station Sahaspur, District Dehradun for the offence under Sections 409, 420, 120B of I.P.C. and Section 13(1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988. 2. In the scholarship scam, a Special Investigation Team (SIT) was constituted by the State of Uttarakhand under the Chairmanship of Mr. Manjunath T.C. Mr. Manohar Lal Jakhmola, Sub-Inspector, was appointed as a member of the Special Investigation Team. After enquiry, Mr. Manohar Lal Jakhmola, Sub-Inspector, lodged an FIR on 30.12.2019, against the Doon Business School/Doon Business School Global Selaqui, Dehradun. 3. Heard Mr. Navneet Kaushik, the learned counsel for the applicant and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State. 4. Mr. Navneet Kaushik, the learned counsel appearing for the applicant, submitted that the applicant has been implicated in this matter; at the relevant point of time, he was the District Social Welfare Officer, Dehradun; he had transferred the scholarship amounts in the account of the concerned Institute; at that time, there was no provision to transfer the scholarship amounts in the account of the concerned students; no departmental enquiry has been instituted against him; no offence is made out against him; the applicant, aged about 68 years, is a permanent resident of District Dehradun and he is in custody since 25.10.2021. 5. Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State, opposed the bail application and submitted that the State has suffered a loss due to the applicant's irregular activity. However, he submitted that he is not confirmed at this stage that whether any departmental enquiry was instituted against the applicant. He further submitted that at this stage, it is not clear that any scholarship amount was embezzled by the applicant himself and if it was embezzled, how much was embezzled. 6. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused. 7.
Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused. 7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 8. The bail application is allowed. 9. Let the applicant Ram Avtar Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :- i) The applicant shall make himself available at the time of interrogation by a police officer as and when requires; ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. 10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for cancellation of bail.