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2025 DAILYLAW 13545 (UTT)

ZOHRA v. STATE OF UTTARAKHAND

ABA/1266/2024 · 2025-05-05

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3429 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 05TH MAY, 2025 ANTICIPATORY BAIL APPLICATION NO.1266 of 2024 Smt. Zohra ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Suhail A. Siddiqui, Advocate with Mr. Ghanshyam Joshi, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant Smt. Zohra is seeking anticipatory bail in Case Crime No.233 of 2023, registered at Police Station Khatima, District Udham Singh Nagar. 2. The husband of the informant was working in a District Co-operative Bank. In the bank 35 fixed deposits receipts were found missing and it was revealed that the husband of the applicant had endorsed 17 FDR in his name and 12 FDR in his wife’s name, and subsequently, the money was withdrawn. 3. Heard Mr. Suhail A. Siddiqui, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional 1 2025:UHC:3429 Advocate General for State. 4. Mr. Suhail A. Siddiqui, Advocate, contended that the applicant has been falsely implicated in the present matter. She has not committed any offence. She has not withdrawn any amount after encashment of the FDR. 5. Mr. G.S. Sandhu, learned Additional Advocate General, submitted that after death of her husband, the applicant withdrew the money from joint account. He further submitted that the charge-sheet has already been filed under Sections 409, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 6. Mr. Suhail A. Siddiqui, Advocate, further contended that the applicant was granted interim bail on 10.02.2025 and the conditions of interim bail have not been violated by her. 7. 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. 8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on 2 2025:UHC:3429 the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 10.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Zohra, she 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 she 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. 9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:05.05.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be7 53f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE 44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.05.05 18:19:34 +05'30'