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2025 DAILYLAW 12126 (UTT)

SMT. HARPREET KAUR v. STATE OF UTTARAKHAND

ABA/888/2023 · 2025-03-07

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:1581 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 7TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO. 888 of 2023 Smt. Harpreet Kaur and Another …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Mr. Lalit Sharma, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants seeking anticipatory bail under Sections 420, 465, 466, 468, 471, 474, 120B, 34 of the Indian Penal Code, 1860, Section 8 and Section 9 of the Prevention of Corruption Act, 1988 in Case Crime No.32 of 2017 (Special Sessions Trial No.4 of 2020), registered at Police Station Pant Nagar, District Udham Singh Nagar. 2. Heard Mr. Lalit Sharma, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Pradeep Lohani, learned Brief Holder for the State. 3. Mr. Lalit Sharma, Advocate, submitted that the applicants Smt. Harpreet Kaur, aged about 41 years and 2025:UHC:1581 2 Smt. Sukhjinder Kaur, aged about 48 years, have been falsely implicated in the present matter. They were not arrested during the course of the investigation. They are permanent residents of District Udham Singh Nagar, therefore, there is no likelihood of their absconding. Two co-accused Dilsher Singh and Avtar Singh have been granted anticipatory bail by this Court, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 4. Mr. G.S. Sandhu, learned Additional Advocate General for the State, has opposed the anticipatory bail application. However, he submitted on instructions that since charge-sheet has been filed, therefore, there is no need of custodial interrogation of the applicants. 5. Vide order dated 11.10.2023, the applicants were granted interim bail. 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, without commenting on the merits of the case, the present Anticipatory Bail Application, is allowed and order dated 11.10.2023, granting interim 2025:UHC:1581 3 bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely, Smt. Harpreet Kaur and Smt. Sukhjinder Kaur, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment; (ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicants shall not leave the country without the previous permission of the trial court. 8. 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: 07.03.2025 Shiv/