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2025 DAILYLAW 10189 (UTT)

SUKHVIR KAUR BATRA v. STATE OF UTTARAKHAND

ABA/941/2025 · 2025-08-20

Alok Kumar Verma

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7341 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20th AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 941 of 2025 Sukhvir Kaur Batra and Another …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Mr. Vikas Bahuguna, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicants for anticipatory bail in Case Crime No.293 of 2025, registered at Kotwali Dehradun, District Dehradun under Sections 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 2. Heard Mr. Vikas Bahuguna, learned counsel for the applicants and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 3. Mr. Vikas Bahuguna, Advocate, submitted that as per the First Information Report dated 05.08.2025, the applicants had filed a Civil Suit (O.S. No. 85 of 2017) against the informant Jaspal Singh 1 2025:UHC:7341 Bansal. The informant had raised a plea in the said civil suit that applicants had filed a forged document. 4. Mr. Vikas Bahuguna, Advocate, further submitted that the allegation of the informant is totally false. The plaint of the said Original Suit was rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, but, a First Appeal, filed against the rejection of the plaint, is pending before the Court of Additional District Judge, Dehradun. Applicants have no criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no possibility of their absconding. 5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally. 6. 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. 7. 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 2 2025:UHC:7341 in the event of arrest of the applicants Sukhvir Kaur Batra and Jasvinder Singh Batra, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: - (i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iv) Applicants shall not leave the country without the previous permission of the trial court. 8. It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt: 20.08.2025 Shiv/ 3