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2025 DAILYLAW 14166 (UTT)

ARTI KESHRI v. STATE OF UTTARAKHAND

ABA/666/2025 · 2025-11-28

Ashish Naithani

body2025

Judgment text

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2025:UHC:10623 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI ANTICIPATORY BAIL APPLICATION NO. 666 of 2025 Arti Keshri ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Navneet Kumar Sharma and Mr. Shankar Aggarwal, Advocates. Counsel for the State : Mr. B.C. Joshi, learned A.G.A. Hon’ble Ashish Naithani,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking Anticipatory Bail in connection with First Information Report No. 0154 of 2024, registered at Police Station Nanak Matta, District Udham Singh Nagar, for offences punishable under Sections 420, 504 and 506 of the Indian Penal Code, 1860. 2. As per the prosecution case, the accused induced the complainant on the pretext of arranging an overseas job and obtained a total amount of Rs. 1 Anticipatory Bail Application No. 666 of 2025, “Arti Keshri. Vs State of Uttarakhand”. Ashish Naithani J. 2025:UHC:10623 11,58,000/- from him through various online transfers and cash payments. Despite receiving the money, no job was arranged, and when the complainant demanded a refund, the accused allegedly abused, threatened and assaulted him and also snatched his mobile phone. It is further alleged that the documents and assurances given by the accused were false, thereby cheating the complainant. 3. Heard Mr. Navneet Kumar Sharma, learned counsel for the Applicant, and Mr. B.C. Joshi, learned A.G.A. for the State of Uttarakhand, and perused the record. 4. Learned counsel for the Applicant submits that the Applicant has been falsely implicated. It is stated that the Applicant is engaged only in providing visa-related services to persons seeking to go abroad for study purposes, and that she is one of the Directors of Vows Education Services Private Limited, a company duly incorporated with the Ministry of Corporate Affairs and having GST registration. It is further submitted that the Complainant’s visa was rejected by the Government of Canada vide letter 2 Anticipatory Bail Application No. 666 of 2025, “Arti Keshri. Vs State of Uttarakhand”. Ashish Naithani J. 2025:UHC:10623 dated 20.12.2022 due to discrepancies in the documents provided by the Complainant; the entire amount had already been returned to Gurcharan Singh; therefore, no liability survives against the Applicant. It is also submitted that the charge-sheet has been filed and that the FIR does not disclose the ingredients of forgery of valuable security, nor any element necessary to constitute an offence under Section 420 IPC. There is also no allegation of forgery with intent to use the same for the purpose of cheating, nor any material to show that the Applicant used any forged document as genuine. 5. On the other hand, learned A.G.A. for the State has opposed the Anticipatory Bail Application. He submits that the Applicant-Aarti Keshri, in collusion with co-accused Gurcharan Singh, has defrauded the Complainant, Annu Turna, in the name of sending the Complainant’s brother abroad, and that there is cogent and reliable evidence against her. 6. Personal liberty under Article 21 of the Constitution of India is a precious fundamental right and can be curtailed only when it becomes imperative 3 Anticipatory Bail Application No. 666 of 2025, “Arti Keshri. Vs State of Uttarakhand”. Ashish Naithani J. 2025:UHC:10623 in view of the peculiar facts and circumstances of the case. 7. In the facts and circumstances of the present case, the Applicant – Aarti Keshri – is directed to be released on Anticipatory Bail, in the event of her arrest, on furnishing a personal bond of Rs. 30,000/- and two reliable sureties each in the like amount, subject to the following conditions: (i) The Applicant shall attend the trial court regularly and shall not seek unnecessary adjournments; (ii)The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) The Applicant shall not leave the country without prior permission of the trial court. 8. It is clarified that if the Applicant misuses the liberty or violates any of the conditions imposed, the prosecution agency shall be at liberty to move the 4 Anticipatory Bail Application No. 666 of 2025, “Arti Keshri. Vs State of Uttarakhand”. Ashish Naithani J. 2025:UHC:10623 Court for cancellation of anticipatory bail. 9. The Anticipatory Bail Application (No. 666 of 2025) stands disposed of accordingly. ___________________ ASHISH NAITHANI, J. Date:28.11.2025 SB 5 Anticipatory Bail Application No. 666 of 2025, “Arti Keshri. Vs State of Uttarakhand”. Ashish Naithani J. SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.28 14:51:00 +05'30'