2025:UHC:2086 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.1224 of 2024 Masood Ahmad alias Shabbu ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, AGA. 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 for grant of anticipatory bail under Section 308(4) and Section 308(5) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 590 of 2024, registered at Kotwali Roorkee, District Haridwar. 2. As per the FIR, the applicant has grabbed a property of the informant and he had already taken Rs.25,00,000/- to release the property, and, he is still demanding money. 3. Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Pratiroop Pandey, learned AGA for the State. 2025:UHC:2086 2 4. Mr. Gaurav Singh, Advocate, for the applicant contended that the applicant has been falsely implicated in the present matter. He did not get any money. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. 5. Mr. Pratiroop Pandey, AGA, for the State, on instruction, submitted that the informant had deposited money in the account of Ankit, the relative of the informant. The said amount has not been found in the bank account of the present applicant. 6. Mr. Pratiroop Pandey, AGA, for the State, has opposed the Anticipatory Bail Application orally. 7. On 09.12.2024, the applicant was granted interim bail by the Coordinate Bench. Mr. Gaurav Singh, Advocate, submitted that the conditions of bail were never misused by the applicant. 8. 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. 9. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 2025:UHC:2086 3 and circumstances of the case, without commenting on the merits of the case, the present Application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 Masood Ahmad alias Shabbu, he shall be released on 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. 10. 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 : 24.03.2025 Pant/