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2025 DAILYLAW 12948 (UTT)

SATYAPAL ANAND v. STATE OF UTTARAKHAND

ABA/1144/2024 · 2025-03-20

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:1978 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.1144 of 2024 Satyapal Anand ..…Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Shubhr Rastogi, Advocate. Counsel for the State : Mr. Pratiroop Pandey, A.G.A. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Satyapal Anand seeking anticipatory bail under Sections 420, 467, 468, 471, 120B, 504 and Section 506 of the Indian Penal Code, 1860 in Complaint Case No.391 of 2022, pending before the Court of Judicial Magistrate, Doiwala, District Dehradun. 2. As per the complaint, forged receipt book was prepared by the applicant in connivance with the co-accused in the name of Arya Samaj, Doiwala and collected the rent from the tenants. 1 2025:UHC:1978 3. As per the report of the Registry, notice has been served personally on the respondent no.2- complainant. 4. Respondent no.2 is not present. 5. Heard Mr. Shubhr Rastogi, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State. 6. Mr. Shubhr Rastogi, Advocate, submitted that the applicant, aged about 79 years, has been falsely implicated in the present matter. He was granted interim bail by the coordinate Bench of this Court on 09.12.2024. The conditions of the interim bail were never misused by the applicant. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, and, two co- accused Virendra Singh and Bobby Sharma have already been granted anticipatory bail by this Court. 7. 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. 8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 2 2025:UHC:1978 and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 09.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely, Satyapal Anand, 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 attend the trial court regularly and he 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. 9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the complainant will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:20.03.2025 Neha 3