2025:UHC:2402 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 2nd APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO.283 of 2025 Sunita Choudhary ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Navneet Kaushik, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant - Sunita Choudhary, aged about 51 years, seeking anticipatory bail under Sections 409, 420, 466, 467, 468, 471, Section 120B of the Indian Penal Code, 1860, Section 7A & Section 8 of the Prevention of Corruption Act, 1988 in Case Crime No.25 of 2020 (Special Sessions Trial No.45 of 2023), registered at Police Station Kunda, District Udham Singh Nagar. 2. As per the FIR, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Inspector Bhim Bhaskar Arya was appointed as a member of the said Special Investigation Team, constituted in the 2025:UHC:2402 2 scholarship scam matter. The matter was enquired and after enquiry, an FIR was lodged against the Doon College Technical Campus, Sundarpur, Saharanpur (Uttar Pradesh) and co-accused. 3. Heard Mr. Navneet Kaushik, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State. 4. Mr. Navneet Kaushik, Advocate, contended that the applicant was the treasurer of Dr. Rajendra Prasad Memorial Educational Society. The Doon College Technical Campus, Sundarpur, Saharanpur (Uttar Pradesh) was run by the said Society. The scholarship amount was not released in favour of the Institute. In the Government Order No.2077/xvii-4/20, dated 14.11.2014, the entire responsibility of distribution of the scholarship was assigned to the District Social Welfare Officer. Applicant had no role in opening and operating the account of the concerned students. The scholarship amount was never misused by the applicant. She had not received any amount of the scholarship. 5. Mr. Pradeep Lohani, learned Brief Holder for the State has opposed the anticipatory bail application. 6. Mr. Navneet Kaushik, Advocate, for the 2025:UHC:2402 3 applicant has further submitted that interim relief was granted to the applicant in WPCRL No.1741 of 2020, filed under Article 226 of the Constitution of India to quash the First Information Report. The applicant is not a previous convict, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 7. Mr. Pradeep Lohani, learned Brief Holder for the State, submitted on instruction that charge-sheet has already been submitted, hence, custodial interrogation of the applicant is not required. 8. 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. 9. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant- Sunita Choudhary, she shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the 2025:UHC:2402 4 Arresting Officer, subject to the following conditions:- (i) Applicant shall attend the trial court regularly and she 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. (iii) Applicant shall not leave the country without the previous permission of the trial court. 10. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dated: 02.04.2025 Pant/