HIGH COURT OF UTTARAKHAND

Deepak Chandra vs State Of Uttarakhand And Two Others

Anticipatory Bail Application No 439 of 2023 On 14 March 2024

Hon'ble Judges: Alok Kumar Verma

Case Type: Anticipatory Bail Application

Final Decision: Application disposed

Advocates: Sharang Dhulia, M.K. Chand

Citations: 
2024 0 CJ(Utt) 167

ACTS REFERRED: 
Constitution of India, Article 226
Constitution of India, Article 21
Prevention of Corruption Act, 1988, Section 13(2)
Prevention of Corruption Act, 1988, Section 13(1)(d)
Indian Penal Code, 1860, Section 471
Indian Penal Code, 1860, Section 468
Indian Penal Code, 1860, Section 467
Indian Penal Code, 1860, Section 466
Indian Penal Code, 1860, Section 420
Indian Penal Code, 1860, Section 409
Indian Penal Code, 1860, Section 120B
Code of Criminal Procedure, 1973, Section 438

(A) Constitution of India, Article 21, Article 226 - Amendment of the Schedule - Power of High Courts to Issue certain writs(B) Code of Criminal Procedure, 1973, Section 438 - Direction for grant of bail to person apprehending arrest(C) Indian Penal Code, 1860, Section 120B, Section 420, Section 468, Section 471, Section 467, Section 409, Section 466 - Punishment of criminal conspiracy - Cheating and dishonestly inducing delivery of property - Forgery for purpose of cheating - Using as genuine a forged document - Forgery of valuable security, will, etc - Criminal breach of trust by public servant, or by banker, merchant of agent - Forgery of record of Court or of public register, etc(D) Prevention of Corruption Act, 1988, Section 13(2), Section 13(1)(d) - Criminal misconduct by a public servant - Criminal misconduct by a public servant font-size: 16px;" > Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 120B, 409, 420, 466, 467, 468, 471 of the Indian Penal Code, 1860 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, in connection with the Case Crime No.404 of 2020, registered at police station Jaspur, District Udham Singh Nagar. In the scholarship matter, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 201

Judgement Text

1. Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 120B, 409, 420, 466, 467, 468, 471 of the Indian Penal Code, 1860 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, in connection with the Case Crime No.404 of 2020, registered at police station Jaspur, District Udham Singh Nagar.

2. In the scholarship matter, a Special Investigation Team was constituted in compliance with the order of this Court, passed in Writ Petition No.33 of 2019. Inspector Mr. Bhim Bhaskar Arya was appointed as a member of the said Team. He enquired the matter and after completion of the enquiry, he lodged an FIR against the co-accused persons. The said FIR was registered on 28.11.2020.

3. Heard Mr. Sharang Dhulia, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

4. Mr. Sharang Dhulia, Advocate, submitted that the applicant was a clerk in Grahmin Bachat Kendra. He has been falsely implicated in the present matter. He has not received any amount of the scholarship. He was not beneficiary of the scholarship scheme. No money was transferred in the bank account of