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2025 DAILYLAW 13298 (UTT)

PAWAN DHINGRA v. STATE OF UTTARAKHAND

ABA/1240/2024 · 2025-02-25

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No.1241 of 2024 Umesh Sharma ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Navneet Kaushik, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. for the State. With Anticipatory Bail Application No.1261 of 2024 Manmohan Sharma ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Navneet Kaushik, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. for the State. With Anticipatory Bail Application No.1240 of 2024 Pawan Dhingra ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Navneet Kaushik, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. for the State And Anticipatory Bail Application No.1246 of 2024 Shreya Sawhney ...Applicant Versus State of Uttarakhand and another ...Respondents Present:- 2 Mr. Amit Singh Chaddha, Senior Advocate, assisted by Mr. Priyanshu Gairola and Mr. Shikhar Kumar, Advocates for the applicant. Mr. Siddharth Bisht, A.G.A. for the State Hon’ble Ravindra Maithani, J. (Oral) Since all these anticipatory bail applications arise from one and the same FIR, they are decided by this common order. 2. Applicants seek anticipatory bail in Case Crime/FIR No.144 of 2021, under Sections 420, 467, 468, 471, 120B IPC, Police Station Jhabreda, District Haridwar. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, certain loan was disbursed in the name of farmers and the amount was deposited in the Bank account. 5. Learned counsel for the applicants would submit that the loan was to be deposited in the ESCROW accounts of the sugar mill under a scheme. It is the sugar mill, which was to identify the farmers in their command area/cane area and the scheme further provided that the mill will assist the farmers in furnishing the requisite date/papers/documents for completion of loan application forms and in documentation for raising the loan. It is also argued that the collateral securities were to be given by the sugar mill in terms of PDCs (post dated cheques). It is 3 argued that, in fact, one of the co-accused Baru Singh Rawat, who was the Bank Manager has already been granted regular bail by this Court and it is a case of parity as well. 6. State was required to file objection, but it has not been filed. 7. Learned State counsel would submit that insofar as the case of the applicants Umesh Sharma and Pawan Dhingra is concerned, it is a case of parity. But, he would submit that the case of the applicants Shreya Sawhney and Manmohan Sharma is not the case of parity. 8. It may be noted that the applicants Shreya Sawhney and Manmohan Sharma have also been granted ad-interim anticipatory bail by this Court. 9. Learned State counsel would submit that the applicant Shreya Sawhney is the Director of the sugar mill and the applicant Manmohan Sharma was the Vice President at the relevant time. They were possessing higher posts in the mill. 10. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail. 11. The anticipatory bail applications are allowed. 4 12. In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each one of them, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions: (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 concerned court. (iv) The applicants shall deposit their passport 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.) 25.02.2025 Jitendra