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2025 DAILYLAW 1423 (UTT)

SARABJIT SINGH v. STATE OF UTTARAKHAND

ABA/7/2022 · 2025-05-05

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3419 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 05TH MAY, 2025 ANTICIPATORY BAIL APPLICATION NO.7 of 2022 Sarabjit Singh ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Aditya Pratap Singh, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, A.G.A. assisted by Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Sarabjit Singh seeking Anticipatory Bail in Case Crime No.32 of 2017, registered at Police Station Pant Nagar, District Udham Singh Nagar under Sections 420, 465, 466, 468, 471, 474, 120B read with Section 34 of the Indian Penal Code, 1860, Section 8 & Section 9 of the Prevention of Corruption Act, 1988. 2. Heard Mr. Aditya Pratap Singh, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the respondent. 3. Mr. Pratiroop Pandey, A.G.A. submitted that as per the present case, several persons received 1 2025:UHC:3419 compensation by fraudulently showing the land as non- agricultural land. 4. Mr. Aditya Pratap Singh, Advocate submitted that the applicant, aged about 79 years, has been falsely implicated in the present matter. He has not prepared any fraudulent document. He was granted interim relief on 01.07.2024. Out of 113 accused, several co-accused have been granted anticipatory bail/ regular bail. The applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding, and, the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 5. Mr. Pratiroop Pandey, A.G.A. has opposed the Anticipatory Bail Application. 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 2 2025:UHC:3419 and circumstances of the case, the present application is allowed. It is directed that in the event of arrest of the applicant – Sarabjit Singh, 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 in accordance with law 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:05.05.2025 JKJ/Pant 3