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2025 DAILYLAW 12382 (UTT)

CHINTAN SHAH v. STATE OF UTTARAKHAND

SABA/29/2024 · 2025-01-02

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Second Anticipatory Bail Application No.29 of 2024 Chintan Shah ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Pawan Mishra, Advocate, holding brief of Ms. Rajni Rangwal, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. with Mr. Himanshu Sain, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant Chintan Shah seeks anticipatory bail in FIR No. 03 of 2024, under Sections 420, 467, 468, 471, 120B IPC and Section 66D of the Informant Technology Act, 2000, Police Station Kotwali Pauri, District Pauri Garhwal. 2. Heard learned counsel for the parties and perused the record. 3. First anticipatory bail application of the applicant was disposed of on a statement of the State counsel that the applicant was not then wanted. 4. According to the FIR, the co-accused induced the informant to invest in a company assuring high returns. The informant himself, his relatives and friends invested money, which was not returned. The name of the applicant is also recorded in the FIR as a Jeweller. It simply states that the applicant knows the co-accused due to their business dealings. He advanced loan on jewellery. The FIR is quite in detail. 2 5. Learned counsel for the applicant would submit that no offence is made out against the applicant. 6. Learned State counsel would submit that the applicant has been assigned the role that he arranged the meeting between the informant and the co-accused, who cheated the informant. 7. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail. 8. The anticipatory bail application is allowed. 9. In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions: (i) The applicant shall co-operate with the investigation. (ii) The applicant shall not approach any witness in any manner, whatsoever. (iii) The applicant shall not leave the country without prior permission of the concerned court. (iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO. 3 (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J.) 02.01.2025 Jitendra