1. 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 Crim e 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 com pliance with the order of this Court, passed in Writ Petition No.33 of 2019. Inspector Bhim Bhaskar Arya was a m em ber of the said Special Investigation Team . The matter was enquired and after enquiry, an FIR was lodged against Shakum bari 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 Shakum bari 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 im plicated in the present matter. The scholarship amounts were never paid directly to her Institute. In Governm ent 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 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 tam pering 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 fundam ental right and it should be curtailed only when it becomes im perative according to the peculiar facts and circumstances of the case.
9. Having heard the subm issions 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 Arresting Officer, subject to the following conditions: -
(i) Applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournm ent;
(ii) Applicant shall not directly or indirectly make any inducem ent, threat or prom ise 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 m isuses or violates any of the conditions, im posed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.