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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 1107 of 2024 Tajinder Singh Bajwa and Another
...Applicants
Versus
State of Uttarakhand
….Respondent
Present:- Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Lalit Sharma and Ms. Sameeksha Negi, Advocates for the applicants. Mr. Pramod Tiwari, Brief Holder for the State. Mr. B.S. Koranga, Advocate holding brief of Mr. Vikas Kumar Guglani, Advocate for the informant. Hon’ble Ravindra Maithani, J. (Oral)
Delay in filing counter affidavit is condoned. Counter Affidavit is taken on record. Delay Condonation Application, IA No.2 of 2024, stands disposed of, accordingly. 2. Applicants Tajinder Singh Bajwa and Pavninder Singh Vasan seek anticipatory bail in Case Crime No. 0533 of 2024, under Sections 318(4), 336(3), 338, 340(2), 351(2) and 352 of the Bhartiya Nyaya Sanhita, 2023, Police Station Rudrapur, District Udham Singh Nagar. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, the informant is a property dealer. He writes that the applicants had agreed to sell a property of some Smt. Surina Manchanda and others to the informant. Some agreements were also prepared. 2 Money was transferred, but, finally, the sale deed was not executed. The FIR is quite in detail. 5. Learned Senior Counsel appearing for the applicant would submit that it is a civil dispute; the FIR has been lodged for seeking directions that the applicants may execute the sale deed; a civil suit is pending between the parties with regard to the same property. He would refer to the last sentence of the FIR. 6. Learned State Counsel would submit that more than 6 crore rupees were transferred to the applicants in cash. There are some audio recordings. He admits that there is a civil suit pending between the parties. 7. Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 8. The anticipatory bail application is allowed. 9. In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:-
3 (i) The applicants shall co-operate with the investigation.
(ii) The applicants shall not approach any witness in any manner, whatsoever. (iii) The applicants shall not leave the country without prior permission of the court concerned. (iv) The applicants shall deposit their passports with the AO. The passport may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO. (v) The applicants shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J.)
08.01.2025 Ravi Bisht RAVI BISHT Digitally signed by RAVI BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ded921477e34a304cbcb0b52d4a59f37e6d2018d38 d0b669a5c068799391e6bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485ED764961E4E52FD 29C6F03C20917020ED093405536, cn=RAVI BISHT Date: 2025.01.08 04:13:57 +05'30'