Allowed

Irshad Alias Guddu v. State of Uttarakhand

Uttarakhand HC11 Dec 2020BA1/2241/2020

Case brief

AI extract

What is this about?

The single judge allowed the bail application of Irshad Alias Guddu accused in a scholarship scam case. Finding no reason for indefinite detention without opining on case merits, the court ordered release on personal bond with sureties.

What did the court decide?

Release on personal bond and two sureties subject to conditions of availability for interrogation and non-inducement.

Irshad Alias Guddu Vs State of Uttarakhand — Cheating and Forgery | Uttarakhand HC (2020)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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First Bail Application No.2241 of 2020

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Irshad Alias Guddu ….Applicant Vs.

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State of Uttarakhand ……Respondent

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Hon’ble Alok Kumar Verma, J.

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This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No.4 of 2020, registered with Police Station Kela Khera, District Udham Singh Nagar for the offence punishable under Sections 409, 420, 466, 467, 468, 471 and 120B of the IPC.

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According to the FIR dated 05.01.2020, in the scholarship scam, in compliance with the Order passed by this High Court in Writ Petition No.33 of 2019, Mr. G. B. Joshi, Inspector, was appointed as a member of the Special Investigation Team (SIT). After enquiry, he lodged an FIR.

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Heard Mr. Lokendra Dobhal, learned counsel for the applicant and Mr. Rakesh Kumar Joshi and Mr. P.S. Uniyal, learned Brief Holders for the State through video conferencing.

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Learned counsel for the applicant submits that the applicant has been falsely implicated; he is shown as middleman; he has not received or misappropriated any amount of scholarship; he is a resident of District Udham Singh Nagar; he is in custody since 24.02.2020.

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Learned counsel appearing for the State opposed the bail application, however, they submit that they have got instructions from the Investigating Officer and he informed that at this stage, there is no clear evidence against the applicant that he has received or converted of any amount of scholarship for his own use.

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Bail is the rule and the 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.

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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.

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The bail application is allowed.

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Let the applicant 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 :-

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i) the applicant shall make himself available for interrogation by the Investigating Officer as and when required;

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ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

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It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the Investigating Officer will be free to move the court for cancellation of bail.

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(Alok Kumar Verma, J.) 11.12.2020

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JKJ/Sanjay

Irshad Alias Guddu v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Irshad Alias Guddu v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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