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2025 DAILYLAW 14220 (UTT)

SANDEEP TYAGI v. STATE OF UTTARAKHAND

ABA/120/2025 · 2025-10-28

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9482 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th OCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 120 OF 2025 Sandeep Tyagi ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Ms. Rajni Rangwal, Advocate holding brief of Mr. Pawan Mishra, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed for anticipatory bail in Case Crime No.18 of 2025, registered at Police Station Rajpur, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 2. According to the First Information Report, a plot was shown to the informant by the present applicant and other co-accused. The sale-deed was executed by co- accused Sampurnanand Tyagi on 20.11.2021, but the name of the informant could not be recorded in the revenue record because the owner of the said plot is someone else. 3. Heard Ms. Rajni Rangwal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Ms. Rajni Rangwal, Advocate, has submitted that 1 2025:UHC:9482 the applicant is neither the vendor nor the beneficiary of the alleged sale-deed. He was merely an attesting witness to the sale-deed and no amount was transferred to his bank account. He has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. The main accused Sampurnanand Tyagi alias S.N. Tyagi has already been granted anticipatory bail by this Court in Anticipatory Bail Application No. 209 of 2025. Applicant was granted interim bail on 12.02.2025, and, the conditions of the interim bail have not been violated by him. 5. Mr. Pradeep Lohani, Brief Holder, 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. 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 Anticipatory Bail Application is allowed and the order dated 12.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sandeep Tyagi, he shall 2 2025:UHC:9482 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. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date: 28.10.2025 Shiv/ 3