2025:UHC:7483 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25th AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 968 OF 2025 Raja ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Shobhit Saharia, 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 for anticipatory bail has been filed by the applicant in Case Crime No.30 of 2023, registered at Police Station Bazpur, District Udham Singh Nagar under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860. 2. A truck of the applicant which was carrying river bed material was seized by the police on the ground that it was overloaded. A Challani Report was filed. The said case was decided on 19.03.2020. Applicant had moved a complaint before the Deputy Inspector General of Police, Kumaun against Ashok Kandpal, Sub-Inspector. The said complaint was not considered. Therefore, a Writ Petition (WPMS No.3109 of 2019) was filed by the applicant. A counter affidavit was filed in the said writ petition. It was 1 2025:UHC:7483 stated in the counter affidavit that the petitioner (present applicant) had submitted a forged certificate of registration. The laden weight of the vehicle was 49000 kg., however, the certificate of registration, submitted by the petitioner (applicant), showed that the laden weight of the vehicle was 55000 kg. Then, the Coordinate Bench directed the Superintendent of Police, Udham Singh Nagar to take a decision in the matter and in case he comes to the conclusion that the registration certificate of the petitioner is forged, he shall initiate appropriate proceedings against him in accordance with law. The present FIR has been lodged by Sub-Inspector Ashok Kandpal. 3. Heard Mr. Shobhit Saharia, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Shobhit Saharia, Advocate, contended that the applicant is the owner of the said truck. The registration certificate of the said truck was not tampered by the applicant. The original registration certificate was taken by the police at the time of the seizure of the truck. Applicant was not arrested during the course of investigation. Applicant was granted interim relief in the writ petition, filed under Article 226 of the Constitution of India to quash the First Information Report and in the Application, filed under Section 482 of the Code of Criminal Procedure, 1973. Now, charge-sheet has been filed, 2 2025:UHC:7483 therefore, there is no chance of tampering with the evidence. Applicant has no criminal antecedents. He is a permanent resident of District Bareilly, Uttar Pradesh, therefore, there is no possibility of his absconding. 5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally. However, he submitted on instructions that charge- sheet has already been filed, therefore, custodial interrogation is not required. 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 in the event of arrest of the applicant Raja, 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; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; 3 2025:UHC:7483 (iii) Applicant shall not leave the country without the previous permission of the trial court. 8. 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. Date: 25.08.2025 Shiv/ 4