2025:UHC:393 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 9TH JANUARY, 2025 ANTICIPATORY BAIL APPLICATION NO. 36 of 2025 Brijpal ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Narendra Bali, Advocate. Counsel for the State : Mr. Pratiroop Pandey, A.G.A. assisted by Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for Anticipatory Bail under Sections 409, 420 and Section 120B of the Indian Penal Code, 1860 in connection with the Case Crime No. 64 of 2020 (Criminal Case No.1931 of 2020), registered at police station Kotdwar, District Pauri Garhwal. 2. As per the FIR dated 03.03.2020, in compliance with the order dated 05.07.2019 of this Court, passed in Writ Petition (PIL) No.33 of 2019, Sub- Inspector Diksha Saini was appointed as a member of 2025:UHC:393 2 the Special Investigation Team (SIT) in the scholarship scam matter. After inquiry, she lodged an FIR against the present applicant along with co-accused. 3. Heard Mr. Narendra Bali, learned counsel for the applicant and Mr. Pratiroop Pande, learned A.G.A. assisted by Mr. Pradeep Lohani, learned Brief Holder for the State. 4. Mr. Narendra Bali, Advocate, has contended that the applicant had no role either in selection of the concerned students or in verification from the concerned institute or in disbursal of the amount or in the receipt of the amount. He has been falsely implicated in the present matter. He had not received any amount of scholarship. He had not misappropriated any amount of scholarship. He does not have any criminal antecedents. He was granted interim relief in Writ Petition (Criminal) No. 586 of 2020, filed by the applicant for quashing the FIR. He is a permanent resident of Haridwar, therefore, there is no likelihood of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence and a co-accused Anil Parihar has been granted regular bail by this Court. 5. On the other hand, Mr. Pratiroop Pandey, 2025:UHC:393 3 learned A.G.A. for the State has opposed the Anticipatory Bail Application orally. 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, the applicant, namely, Brijpal 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:- (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 so as to dissuade him from disclosing such facts to the Court or to any police officer; (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 2025:UHC:393 4 cancellation of the anticipatory bail. 9. Anticipatory Bail Application (No. 36 of 2025) stands disposed of accordingly. ___________________ ALOK KUMAR VERMA, J. Dt:09.01.2025 Shiv/ SHIV PRASAD Digitally signed by SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188 e8b0b97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2D E74454B24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2025.01.09 19:37:47 +05'30'