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2025 DAILYLAW 4059 (UTT)

MANISHA SINGH v. STATE OF UTTARAKHAND

ABA/286/2025 · 2025-04-02

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:2403 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 2nd APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO.286 of 2025 Manisha Singh ..…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- Manisha Singh, aged about 48 years, seeking anticipatory bail under Sections 409, 420, 466, 467, 468, 471, Section 120B of the Indian Penal Code, 1860 and Section 7A of the Prevention of Corruption Act, 1988 in Case Crime No.06 of 2020 (Special Sessions Trial No.07 of 2023), registered at Police Station Kunda, District Udham Singh Nagar. 2. As per the FIR, in the scholarship scam matter, 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 2025:UHC:2403 2 was a member of the said Special Investigation Team. The matter was enquired and after enquiry, an FIR was lodged against Shakumbari College, Mirpur, 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 Shakumbari College, Mirpur, Saharanpur (Uttar Pradesh) was run by Shakumbari Education Society, a registered Society. The applicant was the treasurer of the said Society. She has been falsely implicated in the present matter. The scholarship amounts were never paid directly to her Institute. In Government Order No.2077/xvii-4/20, dated 14.11.2014, entire responsibility of distribution of the scholarship was assigned to the District Social Welfare Officer. Applicant or any official of the said Institute had no role in opening and operating the accounts of the concerned students. Applicant had followed the prescribed procedure in distributing 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:2403 3 applicant, has further submitted that the applicant is not a previous convict. She was granted interim relief in WPCRL No.1740 of 2020, filed under Article 226 of the Constitution of India to quash the First Information Report, 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- Manisha Singh, 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:2403 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/