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2025 DAILYLAW 13082 (UTT)

SANJEEV KUMAR ALIAS SANJEEV GARG v. STATE OF UTTARAKHAND

ABA/1195/2024 · 2025-05-05

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3431 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 05th MAY, 2025 ANTICIPATORY BAIL APPLICATION NO. 1195 OF 2024 Sanjeev Kumar alias Sanjeev Garg ..…Applicant Versus State of Uttarakhand ……….Respondent Counsel for the Applicant : Mr. Parikshit Saini, Advocate and Mr. Rajat Mittal, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.35 of 2024, registered at Police Station Basant Vihar, District Dehradun under Sections 120B, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860. 2. As per the First Information Report dated 17.02.2024, the co-accused Ashok Kumar was the owner of the property-in-question. An agreement to sell was executed between the Ashok Kumar and the informant on 28.01.2021, but the sale-deed was not executed. 3. Heard Mr. Parikshit Saini, learned counsel for 1 2025:UHC:3431 the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State. 4. Mr. Parikshit Saini, Advocate, submitted that the applicant was not the beneficiary and no money was received by him. He did not execute any documents. He is not a previous convict. He is a permanent resident of District Yamuna Nagar, Haryana, therefore, there is no possibility of his absconding. He was granted interim bail on 05.12.2024, and, the conditions of interim bail have not been violated by him. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, co-accused of the similar role, namely, Amzad has been granted anticipatory bail by the Co- ordinate Bench. 5. Learned counsel for the State has opposed the anticipatory bail application. However, he conceded that money was not paid to the present applicant. 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:3431 and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 05.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant - Sanjeev Kumar alias Sanjeev Garg, 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. 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 :05.05.2025 Pant/ 3