Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Anticipatory Bail Application No. 1237 of 2024
Gulshan Rai Sharma
….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Dr. Kartikey Hari Gupta, Advocate for the applicant. Mr. Pramod Tiwari, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant seeks anticipatory bail in FIR/Case Crime No.07 of 2024, dated 05.03.2024, under Sections 420, 467, 468, 471 IPC, Police Station Bhatraujkhan, District Almora.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, the allegations against the applicant is that he purchased a property by producing the forged Krishak Praman Patra.
4.
Learned counsel for the applicant would submit that the applicant is an old person of 70 years of age; he purchased the property through Rizwan Hussain, who had assured that everything is in order. It is also argued that the applicant is suffering from Cancer; he is a patient of Hiatus Hernia Barrett’s Mucosa. He would also submit that the land would now vest in the State
2 Government; custodial interrogation may not be necessary.
5.
Learned State counsel would submit that the applicant purchased a property based on forged Krishak Praman Patra.
6.
Having considered the entirety of
facts particularly, the age and the illness, etc., this Court is of the view that this is a case, in which, the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.
7.
The anticipatory bail application is allowed.
8.
In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“the AO”) concerned. In addition to it, the applicant shall also comply with the following conditions:- (i) The applicant shall not approach any witness in any manner, whatsoever. (ii) He shall cooperate with the investigation.
3 (iii) The applicant shall not leave the country without prior permission of the concerned court. (iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. If the applicant does not have passport, he shall give an undertaking to that effect to the AO. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.
(Ravindra Maithani, J.)
09.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bb d504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255D D8EC450A84B515A087CAEFD1B3179A7DEAE 40699, cn=SANJAY KANOJIA Date: 2025.01.09 18:20:01 +05'30'