The High Court of Uttarakhand granted bail to Rajendra Kumar in an investigation regarding a scholarship scam involving cheating and corruption offenses. The court held he does not need to remain in custody indefinitely.
Bail granted on personal bond and two sureties with conditions for interrogation and non-inducement.
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
6th DECEMBER, 2021
FIRST BAIL APPLICATION NO. 2839 of 2021
Between:
Rajendra Kumar …Applicant
and
State of Uttarakhand. …Respondent
Counsel for the Applicant : Mr. Sanjay Kumar.
Counsel for the Respondent : Mr. S.S. Adhikari, learned Deputy Advocate General assisted by Mr. Balvinder Singh, 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.0023 of 2020, registered with Police Station Bajpur, District Udham Singh Nagar for the offence under Sections 409, 420, 466, 467, 468, 471 and 120-B of IPC and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988.
2 . According to the FIR dated 25.01.2020, in the scholarship scam, in compliance with the order passed by
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this Court in Writ Petition (PIL)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 against co-accused persons.
3 . Heard Mr. Sanjay Kumar, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. Balvinder Singh, learned Brief Holder for the State.
4 . Mr. Sanjay Kumar, the learned counsel for the applicant submitted that the applicant has been implicated in this matter; he is not beneficiary of the said scheme; he has not received any scholarship amount; the applicant is in custody since 12.10.2021; he is a permanent resident of District Udham Singh Nagar and two co-accused persons have been granted bail by this High Court.
5 . Mr. S.S. Adhikari, the learned Deputy Advocate General has opposed the bail application. However, he submitted that it is not clear at this stage of the investigation whether any of the scholarship amount was received by the applicant 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 investigation 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
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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 Rajendra Kumar 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 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;
10 . 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.
ALOK KUMAR VERMA, J.
Dated: 06th December, 2021 Neha
3 issues framed by the court
Whether the applicant deserves bail in a scholarship scam involving cheating and corruption charges.
Whether the applicant needs to be kept in custody for an indefinite period.
Whether the applicant has received any scholarship amount (left open).
4 provisions across 4 enactments
Rajendra Kumar
State of Uttarakhand
Allok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
