IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
th
30 APRIL, 2024
ANTICIPATORY BAIL APPLICATION NO.120 of 2021
Anurag Shankhdhar ..…Applicant
Versus
State of Uttarakhand ..…Respondent
Counsel for the Applicant : Mr. Navneet Kaushik,
Advocate.
Counsel for the State : Mr. M.K. Chand,
A.G.A.
Hon’ble Alok Kumar Verma,J.
Present Application under Section 438 of the Code of
Criminal Procedure, 1973 has been filed for grant of
Anticipatory Bail under Sections 409, 420, 466, 467, 468, 471,
120-B of the Indian Penal Code, 1860 and Section 13 (1) (d)
read with Section 13 (2) of the Prevention of Corruption Act,
1988 in connection with the First Information Report No. 4 of
2020, registered at police station Kelakhera, District Udham
Singh Nagar.
2. In the scholarship scam matter, a Special
Investigation Team was constituted in compliance with the
order of this Court, passed in Writ Petition No.33 of 2019. Mr.
J.B. Joshi, the Inspector, was appointed as a member of the
said Special Investigation Team. He inquired the matter and
lodged an FIR on 05.01.2020.
3. Heard Mr. Navneet Kaushik, learned counsel for the
applicant and Mr. M.K. Chand, learned A.G.A., for the State.
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4. Mr. Navneet Kaushik, Advocate contended that the
applicant, who was posted as District Social Welfare Officer,
District Udham Singh Nagar from 27.05.2014 till 02.12.2015,
has been falsely implicated in the present matter. The
scholarship amounts were disbursed to the concerned students
by means of account payee cheques. There was no policy
prior to 15.07.2015 for physical verification of the concerned
students, studying in the institute, located outside the State of
Uttarakhand. The institute-in-question was located in the
District Jhajjar, Haryana. Applicant is not a previous convict.
He has retired on 31.05.2023. He is a permanent resident of
District Dehradun, therefore, there is no chance of his
absconding. He has been granted interim anticipatory bail,
and, the conditions of the said interim anticipatory bail have
not been misused by him. The present case rests on the
documentary evidence and all the relevant documents are in
the possession of the Investigating Officer. Investigating
Officer has already filed a charge-sheet, therefore, there is no
chance of tampering with the evidence.
5. On the other hand, Mr. M. K. Chand, A.G.A. has
opposed the Anticipatory Bail Application. However, he
submitted that the charge-sheet has been filed by the
Investigating Officer, therefore, there is no requirement of
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- Anurag Shankhdhar 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:-
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(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.120 of 2021)
stands disposed of accordingly.
___________________
ALOK KUMAR VERMA, J.
Dt:30.04.2024
Shiv