2025:UHC:8006 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1021 OF 2025 1.Smt. Dimple 2.Akash ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Pawan Mishra, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This is an Application for anticipatory bail in FIR 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. As per the First Information Report dated 25.02.2025, the informant is the daughter of Late Kamla Bobal. Amit Bobal, her real bother, has died. The applicant Dimple is the wife of Late Amit Bobal. The 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 1 2025:UHC:8006 of the informant has been shown in favour of the co- accused Rajesh Dodi. Co-accused Inder Chandok and present applicant Dimple are witnesses to the said agreement. 3. Heard Mr. Pawan Mishra, learned counsel for the applicants and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Pawan Mishra, 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 co-accused Rajesh Dodi on 12.06.2022. The said agreement was duly registered. The co- accused Rajesh Dodi filed an Original Suit against Amit Bobal for specific performance. The informant had moved an application in the said original suit under Order I Rule 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. Co-accused Rajesh Dodi and Inder Chandok have already been granted anticipatory bail in Anticipatory Bail Application No.953 of 2025. Applicants have no criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no possibility of their absconding. 2 2025:UHC:8006 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 in the event of the arrest of the applicants Smt. Dimple and Akash, 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; 3 2025:UHC:8006 (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. Date : 10.09.2025 JKJ/Pant 4