2025:UHC:2496 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI 03th April, 2025 FIRST BAIL APPLICATION NO.2365 of 2024 Maqbool Ahmad …Applicant (In Jail) Versus State of Uttarakhand …Respondent Counsel for the Applicant : Ms. Prabha Naithani, learned counsel. Counsel for the State : Mr. Vipul Painuly, Brief Holder. Hon’ble Ashish Naithani, J. The present bail application has been moved by the applicant-Maqbool Ahmad, who is in judicial custody in connection with FIR No.120 of 2024, registered at Police Station Kotwali, Kotdwar, District Pauri Garhwal under Sections 420, 467, 468, 471 and 120B of I.P.C. 2. Heard Mrs. Prabha Naithani, learned counsel for the applicant and Mr. Vipul Painuli, learned Brief Holder for the State. 3. As per the prosecution story an FIR was lodged on 29.04.2024 with the allegation that on 14.07.2022 one unknown lady on the basis of forged Aadhar Card has sold the land of the complainant to two other ladies due to which her rights were affected. 4. Learned counsel for the applicant submits that no specific role has been assigned to the applicant. She submits that 1 2025:UHC:2496 there delay of two years’ in lodging the FIR. She submits that the complainant is still over the possession of the land only allegation is that the applicant-accused is trying to take possession. She further submits that co-accused Kausar @ Kusum has been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 07.10.2024. She also submits that applicant is ready to comply with the condition imposed by this Court. 5. Learned State Counsel submits that two sale deeds were executed one in favour of Suman Bhandari and another in favour of Suman @ Anamika. He further submits that applicant has committed a serious offence, hence he does not deserve bail. 6. Merely on the basis of Aadhar Card a person could not sold the land to another person and inspite of that land is presently in the possession of the informant, this creates a doubt in State’s version. 7. Having heard the learned counsel for the parties and considering the overall facts and circumstances of the case, without going into the merits of the case, this Court is of the view that applicant deserves bail. 8. Accordingly, the bail application is allowed. Let the applicant-Maqbool Ahmad be released on bail on his executing a personal bond and two reliable sureties of the like amount to the satisfaction of court concerned with the following conditions:- 2 2025:UHC:2496 (i) The applicant shall co-operate with the investigation. (ii) The applicant shall not approach any witness in any manner, whatsoever. (iii) The applicant shall not leave the country without prior permission of the court concerned. (iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the applicant does not have passport, he shall given an undertaking to that effect. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above. (Ashish Naithani, J.) 03.04.2025 Arti 3 ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.04.09 16:19:00 +05'30'