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2025 DAILYLAW 11425 (UTT)

SHAHIDA BEGUM v. STATE OF UTTARAKHAND

ABA/1067/2025 · 2025-09-18

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8318 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 18TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1067 OF 2025 Shahida Begum ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Naveen Singh Bisht, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed in Case Crime No.448 of 2020, registered at Police Station Patel Nagar, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 2. Heard Mr. Naveen Singh Bisht, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 3. Mr. Chitrarth Kandpal, Brief Holder, appearing for the State submitted that as per the present case, the husband of the informant purchased a land from Shahida Begum (applicant) on 23.04.2014. The husband of the informant had died. After fifteen days of the death of her husband, the applicant showed 1 2025:UHC:8318 that she re-purchased the said land on 07.04.2016, whereas the said re-purchased property is based on forged documents. Informant was the owner of the said property, therefore, she sold the property to Km. Iram Praveen and Km. Jannat Fatima on 31.07.2020. 4. Mr. Naveen Singh Bisht, Advocate contended that the applicant, aged about 69 years, is an innocent lady. She has been falsely implicated in the present matter. She has not committed any offence. She had not prepared any forged document. Applicant is a bona fide purchaser after paying the entire sale consideration to the informant. She was not arrested during the investigation. She was granted interim relief in a writ petition, filed under Article 226 of the Constitution of India for quashing the First Information Report. Now, charge-sheet has been filed, therefore, there is no chance of tampering with the evidence. 5. Mr. Chitrarth Kandpal, 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. 2 2025:UHC:8318 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 - Shahida Begum, she 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 she 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. (iii) 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 her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date: 18.09.2025 Pant/ 3