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2025 DAILYLAW 10364 (UTT)

RAJESH DODI v. STATE OF UTTARAKHAND

ABA/953/2025 · 2025-08-27

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7577 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27th AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO.953 of 2025 Rajesh Dodi and Another .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Lalit Sharma, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant Rajesh Dodi, aged about 55 years, and the applicant Inder Chandok, aged about 63 years, for anticipatory bail in Case Crime No.73 of 2025, registered at Kotwali Dehradun, District Dehradun under Sections 420, 120B, 504 and Section 506 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 25.02.2025, the informant is the daughter of Late Kamla Bobal. Amit Bobal, her real brother, has died. Co-accused Dimple is the wife of Late Amit Bobal. 1 2025:UHC:7577 Informant is the owner of the properties of Late Kamla Bobal. A fake agreement to sell of Amit Bobal was prepared. The said agreement regarding the properties of the informant has been shown in favour of Rajesh Dodi (applicant no.1). Inder Chandok, the applicant no.2 and co-accused Dimple are witnesses to the said agreement. 3. Heard Mr. Lalit Sharma, learned counsel for the applicants and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent. 4. Mr. Lalit Sharma, Advocate, contended that Amit Bobal was the owner of the property-in-question. He executed an agreement to sell with possession in favour of the applicant no.1 on 12.06.2022. The said agreement was duly registered before the Sub- Registrar, Dehradun. The applicant paid Rs.7,00,000/- (Rupees Seven Lakh) in advance in the form of cheque and cash and the remaining amount i.e. Rs.22,77,500/- (Rupees Twenty Two Lakh Seventy Seven Thousand Five Hundred) was agreed to be paid on the date of registry of sale-deed. Applicant no.1 filed an Original Suit (O.S. No.448 of 2023) against Amit Bobal for specific performance. The informant had moved an application in the said original suit under Order I Rule 2 2025:UHC:7577 10 of the Code of Civil Procedure, 1908. The said Application was dismissed. The said Suit was decreed on 31.01.2025. The disputes between the parties are civil in nature. 5. Mr. Lalit Sharma, Advocate, further submitted that the applicants have no criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no possibility of their absconding. 6. Mr. Tumul Nainwal, learned Assistant Government Advocate, on instruction, has opposed the anticipatory bail application orally. 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Rajesh Dodi and Inder Chandok, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two 3 2025:UHC:7577 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. 9. It is made clear 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:27.08.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.27 19:29:58 +05'30'