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2025 DAILYLAW 13966 (UTT)

NAVEEN KUMAR MALHOTRA v. STATE OF UTTARAKHAND

ABA/1212/2025 · 2025-11-12

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9966 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 12TH NOVEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.1212 of 2025 Naveen Kumar Malhotra .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bharat Chaudhary, Advocate. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate assisted by Mr. Prabhat Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant- Naveen Kumar Malhotra seeking anticipatory bail in Case Crime No.146 of 2018, registered at Police Station Rajpur, District Dehradun under Sections 408, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 2. Learned Sessions Court, Dehradun has rejected the Anticipatory Bail Application (No.1110 of 2025) of the applicant on 03.10.2025. 3. Heard Mr. Bharat Chaudhary, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 1 2025:UHC:9966 4. Mr. Bharat Chaudhary, Advocate, submitted that a sum of Rs.26,100/-(Rupees Twenty Six Thousand One Hundred) was transferred to the bank account of the present applicant. The said amount was transferred by him to the informant. The allegation against the co- accused Sandeep Malhotra is that he has embezzled a sum of Rs.24,38,454/-(Rupees Twenty Four Lakh Thirty Eight Thousand Four Hundred Fifty Four). Sandeep Malhotra, the co-accused, has been granted anticipatory bail by the Sessions Court, Dehradun in Anticipatory Bail Application (No.1120 of 2024). Applicant has no criminal antecedents. He is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 5. Mr. Akshay Latwal, learned Assistant Government Advocate, has opposed the anticipatory bail application orally. 6. 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. 2 2025:UHC:9966 7. 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 the merits of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Naveen Kumar Malhotra, he 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 he 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. 8. In case of breach of any of the above conditions, the Prosecution Agency will be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. ___________________ ALOK KUMAR VERMA, J. Dt:12.11.2025 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=6f1c15b6305912b3f 008e9a4a8038ee7326b08b2 d0e018b01be753f014836d27 , postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779 FB9677068452F32DE6BA960 BFE64D819EE44CA9CCE487B 2FE0F92, cn=NEHA BISHT Date: 2025.11.12 18:39:13 +05'30'