BA1/381/2022 on 14 March, 2022

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Uttarakhand High Court

BA1/381/2022 on 14 March, 2022

Bench: Alok Kumar Verma

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     14TH MARCH, 2022

        FIRST BAIL APPLICATION No. 381 of 2022

Between:

Anurag Shankhdhar.                                ...Applicant


and

State of Uttarakhand.                          ...Respondent


Counsel for the Applicant   :   Mr. Navneet Kaushik.

Counsel for the Respondent:     Mr. T.C. Agarwal, learned
                                Deputy Advocate General
                                for the State.


Hon'ble 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.358 of 2019, registered with Police Station Bazpur, District Udham Singh Nagar for the offence under Sections 409, 420, 466, 467, 468, 471, 120-B of IPC and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988.

2. In the scholarship scam, in compliance of the order of this High Court, passed in Writ Petition (PIL) No.33 of 2019, a Special Investigation Team was constituted. Mr. Bachi Singh Bisht, Senior Sub-Inspector, was appointed as a member of the said Special Investigation Team. After enquiry, Mr. Bachi Singh Bisht, Senior Sub-Inspector, lodged an FIR on 15.10.2019 against the co-accused persons.

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 for the applicant, submitted that at the relevant point of time, the applicant was the District Social Welfare Officer, Udham Singh Nagar; the matter in dispute pertains to the year 2014-15; the Institute-in-question was situated in the State of Haryana; at the relevant point of time, there was no provision for physical verification of the Institutes, which were situated outside of the State of Uttarakhand; the applicant had verified the applications of the concerned students and after verification, the scholarship were disbursed to the concerned students in accordance with law; the applicant is a resident of District Dehradun; he is in custody since 08.02.2022 and the charge- sheet has already been filed, therefore, there is no chance of tampering with the evidence.

5. Mr. T.C. Agarwal, the learned Deputy Advocate General, opposed the bail application and submitted that the applicant had violated the Government Order dated 25.07.2006. He submitted that no departmental enquiry has been initiated against the applicant. However, he fairly conceded that that at this stage, it is not clear that the applicant had received any scholarship amount and, if it was received, how much was received.

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 trial 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 merit 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-Anurag Shankhdhar 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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.

___________________ ALOK KUMAR VERMA, J.

Dated: 14.03.2022 JKJ/Neha

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