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2024 DIGILAW 144 (UTT)

Abhinav Jauhari v. State of Uttarakhand

2024-02-29

ALOK KUMAR VERMA

body2024
JUDGMENT : 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 in the offence under Sections 409, 420, 466, 467, 468, 471 and Section 120-B of the Indian Penal Code, 1860 in connection with the First Information Report No. 404 of 2020, registered at Police Station Jaspur, District Udham Singh Nagar. 2. In the scholarship scam matter, a Special Investigating Team was constituted in compliance with the order of this Court, passed in the Writ Petition No. 33 of 2019. Mr. Bhim Bhaskar Arya, the Inspector, was a member of the said Special Investigation Team. He inquired the matter and lodged an FIR on 28.11.2020. 3. Heard Ms. Priyanka Agrawal, learned counsel holding brief of Mr. B.D. Pande, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State. 4. Learned counsel appearing for the applicant contended that the applicant, who has been shown as a middleman, has been falsely implicated in the present matter. He has not received any scholarship amount. The scholarship amount was deposited directly into the bank accounts of the respective students. Applicant does not have any criminal antecedents. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding, and, two accused persons of the similar role have been granted Anticipatory Bail by this Court. 5. Mr. M.K. Chand, learned A.G.A., has opposed the Anticipatory Bail Application. However, it has been submitted by him that the charge-sheet has been filed, therefore, there is no requirement of the 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-Abhinav Jauhari 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. 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. 101 of 2024) stands disposed of accordingly.