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2024 DIGILAW 337 (UTT)

Rajiv Bhardwaj v. State of Uttarakhand

2024-05-14

ALOK KUMAR VERMA

body2024
JUDGMENT : ALOK KUMAR VERMA, J. 1. Present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the applicant-accused Rajiv Bhardwaj for grant of Anticipatory Bail under Sections 409, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860, in connection with the Case Crime No. 519 of 2019 (Criminal Case No. 1470 of 2020), registered at police station Bhagwanpur, District Haridwar. 2. As per the First Information Report dated 18.11.2019, a Special Investigation Team was constituted in the scholarship scam matter in compliance with the letter dated 17.04.2018, issued by the Principal Secretary, Home, State of Uttarkahand. Mr. Bhanu Panwar, the Sub-Inspector, was a member of the said Special Investigation Team. He inquired the matter and lodged the said First Information Report. 3. Heard Mr. Ajay Veer Pundir (through video conferencing), learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State. 4. Opposing the Anticipatory Bail Application, Mr. Pratiroop Pande, A.G.A. contended that the present applicant was the Director of the institute-in-question and the bank accounts, where the scholarship of the students was deposited, was in the control of the present applicant. The said alleged students had not taken admission in the said institution nor had they opened their accounts in the bank. 5. On the other hand, Mr. Ajay Veer Pundir, Advocate contended that the applicant, aged about 56 years, has been falsely implicated in the present matter. The Investigating Officer has not submitted proper information with respect to the status of the applicant and wrongly treated him as Director of the institute-in-question. Applicant was the treasurer. The institute-in-question, namely, “Himalayan Doon Academy” was run by a Society, namely “Himalayan Doon Education Society” registered under the Societies Registration Act. The co-accused Gaurav Ratan Sharma is the son of S.K. Sharma (Secretary of the said Society). The co-accused Gaurav Ratan Sharma and his father S.K. Sharma by forging the signature of the applicant have embezzled the scholarship amount. Therefore, immediately after knowing about the said forgery, applicant moved a complaint on 15.02.2020 at police station Bhagwanpur to lodge the First Information Report. The co-accused Gaurav Ratan Sharma embezzled the amount of scholarship, therefore, he was arrested by the police. The present applicant was not operating the bank accounts of the institute-in-question. 6. Mr. Therefore, immediately after knowing about the said forgery, applicant moved a complaint on 15.02.2020 at police station Bhagwanpur to lodge the First Information Report. The co-accused Gaurav Ratan Sharma embezzled the amount of scholarship, therefore, he was arrested by the police. The present applicant was not operating the bank accounts of the institute-in-question. 6. Mr. Ajay Veer Pundir, Advocate further contended that the applicant has already deposited a sum of Rs. 50,00,000/- (Rupees Fifty Lakh) before the Social Welfare Department in compliance with the order passed in WPCRL No. 262 of 2020, filed by the applicant to quash the First Information Report. Applicant does not have any criminal antecedent. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. Applicant was granted interim anticipatory bail in the present matter. He has not misused or violated any condition of the interim anticipatory bail. The present case rests on the documentary evidence and all the relevant documents have been filed by the Investigating Officer along with the charge-sheet, therefore, there is no chance of tampering with the evidence. 7. Mr. Pratiroop Pandey, A.G.A. submitted that charge-sheet has been filed, therefore, there is no requirement of custodial interrogation. 8. 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. 9. In the facts and circumstances of the case, applicant-Rajiv Bhardwaj 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. 10. 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. 11. Anticipatory Bail Application (No. 633 of 2023) stands disposed of accordingly.