Uttarakhand High Court
BA1/2574/2020 on 13 January, 2021 IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 13th DAY OF JANUARY, 2021
BEFORE:
HON’BLE SHRI JUSTICE ALOK KUMAR VERMA, J.
FIRST BAIL APPLICATION NO. 2574 OF 2020
BETWEEN:
Irshad @ Guddu …….Applicant
(By Shri Lokendra Dobhal, learned Advocate)
AND :
State of Uttarakhand …….Respondent
(By Shri Deepak Bisht, learned Brief Holder for the
State)
The first bail application coming on for hearing
this day, Hon’ble Shri Justice Alok Kumar Verma
delivered the following Order:
ORDER
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.53 of 2020, registered with Police Station Bajpur,
District Udham Singh Nagar for the offence
punishable under Sections 409, 420, 466, 467, 468,
471 and 120-B of the IPC.
2. According to the FIR dated 19.02.2020, in
the scholarship scam, in compliance with the order
2
passed by this Court in Writ Petition No.33 of 2019,
Mr. G. B. Joshi, Inspector was appointed as a member
of the Special Investigation Team. After inquiry, he
lodged an FIR against co-accused persons.
3. Heard Mr. Lokendra Dobhal, learned
counsel for the applicant and Mr. Deepak Bisht,
learned Brief Holder for the State.
4. Learned counsel for the applicant submitted
that the applicant has been falsely implicated; he is
not named in the FIR; during the investigation, his
name came into light as a middleman; he has not
received any amount of scholarship; he is a resident
of District Udham Singh Nagar and he is in custody
since 24.08.2020.
5. Learned counsel appearing for the state
submitted that he got an instruction from the
Investigating Officer and he informed him that it is
not clear at this stage 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 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.
7. Having considered the submissions of
learned counsel for both the parties and in the facts
3
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.
8. The bail application is allowed.
9. 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 :-
i) the applicant shall make himself available
for interrogation by the Investigating Officer
as and when required:
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.)
Pant/
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