The High Court at Nainital allowed a bail application filed by Ram Avtar regarding the scholarship scam FIR. The court observed that the applicant is retired and not named in the FIR. Holding that bail is the rule, it granted bail on personal bond with two sureties.
Applicant released on bail on executing a personal bond and furnishing two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
06TH OCTOBER, 2021
FIRST BAIL APPLICATION NO. 2398 of 2021
Between:
Ram Avtar …Applicant
and
State of Uttarakhand. …Respondent
Counsel for the Applicant : Mr. Navneet Kaushik.
Counsel for the Respondent : Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. P.S. Uniyal, learned Brief Holder 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.0015 of 2020, registered with Police Station Basant Vihar, District Dehradun for the offence under Sections 409, 420 of IPC and Section 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988.
2
the Special Investigation Team (SIT) to enquire the matter. After enquiry, he lodged an FIR against Landmark Foundation Institute of Management and Technology, 113, Basant Vihar, Dehradun.
3
punishment. The main purpose is manifestly to secure the attendance of the accused.
8. The bail application is allowed.
i) the applicant shall make himself available for interrogation by the Investigating Officer as and when requires;
ii) the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;
ALOK KUMAR VERMA, J.
Dt: 06th October, 2021 JKJ/Neha
2 issues framed by the court
Whether the applicant deserves bail at the present stage given his age and non-naming in the FIR.
Whether there is any reason to keep the applicant in custody for an indefinite period.
3 provisions across 3 enactments
Ram Avtar
State of Uttarakhand
Alok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
