2025:UHC:9067 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 13TH OCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1157 OF 2025 Dinesh Kumar .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate (through video conferencing) Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate Hon’ble Alok Kumar Verma,J. This Application has been filed for anticipatory bail in Case Crime No.56 of 2024, registered at Police Station Bahadrabad, District Haridwar under Section 420 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 22.02.2024, during his tenure as District Manager in Hamirpur (Himachal Pradesh) in the year, 2021, the informant engaged the present applicant for installing a lift in his under-construction house at Shri Hari Darshan City, Bahadrabad, District Haridwar. He had also paid money for it, but lift work was not completed. 1 2025:UHC:9067 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 4. Mr. Gaurav Singh, Advocate submitted that the applicant has neither committed any cheating nor did he commit any fraud with the informant. Non- completion was due to unforeseen difficulties and not intentional. The transaction between the parties were commercial and contractual and the dispute between the parties is civil in nature. The offence is triable by the Magistrate. Applicant is a permanent resident of District Muzaffarnagar, Uttar Pradesh, therefore, there is no possibility of his absconding. Applicant has no criminal antecedents. 5. Mr. Akshay Latwal, 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 2 2025:UHC:9067 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-Dinesh 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 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: 13.10.2025 JKJ/Pant 3