Affroz Qayum vs State Of Uttarakhand And Another on 14 July, 2025

Uttarakhand High Court

Affroz Qayum vs State Of Uttarakhand And Another on 14 July, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                                                      2025:UHC:6051
HIGH COURT OF UTTARAKHAND AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        14th JULY, 2025
     ANTICIPATORY BAIL APPLICATION NO. 767 of 2025

Affroz Qayum                              ...    Applicant
                             Versus
State of Uttarakhand and Another ...             Respondents

Counsel for the Applicant    :       Mr. Ajay Veer Pundir,
                                     Advocate (through video
                                     conferencing).

Counsel for the Respondents :        Mr. Tumul Nainwal,
                                     Assistant Government
                                     Advocate.

Hon'ble Alok Kumar Verma,J.

The present Application has been filed by the

applicant seeking anticipatory bail in Case Crime No. 248 of

2019 (Criminal Case No. 1995 of 2021), registered at Police

Station Piran Kaliyar, District Haridwar under Section 409

and Section 420 of the Indian Penal Code, 1860.

2. According to the First Information Report dated

13.10.2019, a Special Investigation Team was constituted

in the scholarship scam matter. Sub-Inspector Rajendra

Singh Kohlia was a member of the said Special

Investigation Team. He inquired the matter. He found that

a sum of Rs.3,91,69,778/-, the scholarship amount, was

released to Uttaratech Polytechnic, Dhanauri, Roorkee for

the academic years 2012-13 to 2016-17. Fake admission

of several students was shown by the institute and several

other irregularities were also found in the inquiry.

1

2025:UHC:6051

3. Heard Mr. Ajay Veer Pundir, learned counsel for

the applicant and Mr. Tumul Nainwal, learned Assistant

Government Advocate for the respondents.

4. Mr. Ajay Veer Pundir, Advocate contended that

the applicant is the Chairman of the educational institute,

“Uttaratech Polytechnic, Dhanauri, Roorkee”. The said

institute was run and managed by the applicant. The said

institute headed by the applicant had admitted all the

concerned students in respective Branches of approved

Seats of Diploma in Engineering after adopting proper

procedure with due approval from AICTE and the same is

affiliated to the Uttarakhand Board of Technical Education,

Roorkee. The said scholarship, which was released by the

State Government, was either transferred in the accounts of

the concerned students by the institute or part of the same

was adjusted after computing the annual fee of respective

students by issuing requisite receipts as per law.

5. Mr. Ajay Veer Pundir, Advocate, further

submitted that applicant was not arrested during the course

of the investigation. He had deposited Rs.50,00,000/- in

compliance with the interim order dated 26.02.2020,

passed by this Court in WPCRL No. 2236 of 2019, filed by

him under Article 226 of the Constitution of India for

quashing the First Information Report. All the relevant

documents were taken by the Investigating Officer from the

said institute and charge-sheet has already been filed

2
2025:UHC:6051
before the Court, therefore, there is no chance of tampering

with the evidence. Applicant is a permanent resident of

District Haridwar, therefore, there is no likelihood of his

absconding.

6. Mr. Tumul Nainwal, Assistant Government

Advocate, has opposed the anticipatory bail application

orally. However, he submitted that charge-sheet has

already been filed, therefore, custodial interrogation of the

applicant is not required.

7. 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.

8. 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 Affroz Qayum, he

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 he shall not seek any unnecessary
adjournment;

3

2025:UHC:6051

(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.

9. It is made clear 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

cancellation of the anticipatory bail.

___________________
ALOK KUMAR VERMA, J.

Dt: 14.07.2025
Shiv/

4