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2025 DAILYLAW 10936 (UTT)

SURESH KUMAR v. STATE OF UTTARAKHAND

ABA/1010/2025 · 2025-09-04

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7859 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 04th SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1010 of 2025 Suresh Kumar …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Saurabh Kumar Pandey, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed for anticipatory bail in Case Crime No. 22 of 2025, registered at Police Station Rani Pokhari, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 2. Heard Mr. Saurabh Kumar Pandey, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief Holder for the respondent. 3. Mr. Saurabh Kumar Pandey, Advocate, submitted that according to the First Information Report dated 04.03.2025, one Gundar Singh was the owner of the property-in-question. He died in the year, 1980. He further submitted that as per the FIR, the co- accused Bhupendra Singh purchased the said property 1 2025:UHC:7859 through a registered sale-deed dated 26.06.2007 from Hukam Singh son of Gundar Singh, while Hukam Singh has been missing since 1971-1972. 4. Mr. Saurabh Kumar Pandey, Advocate, has submitted that the applicant has been falsely implicated in the present matter. The co-accused Bhupendra Singh has already been granted anticipatory bail. Applicant was a witness to the said sale-deed dated 26.06.2007. Co-accused Tilak Singh was also a witness to the said sale-deed. He (Tilak Singh) has already been granted anticipatory bail by this Court in Anticipatory Bail Application No.322 of 2025. Applicant is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding and he has no criminal antecedents. 5. Mr. Himanshu Sain, Brief Holder, 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 2 2025:UHC:7859 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 Suresh Kumar, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iv) Applicant shall not leave the country without the previous permission of the trial court. 8. It is clarified 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: 04.09.2025 Pant/ 3