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2025 DAILYLAW 14383 (UTT)

GIRISH CHANDRA PANDEY v. STATE OF UTTARAKHAND

ABA/290/2025 · 2025-11-03

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9703 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03RD NOVEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.290 of 2025 Girish Chandra Pandey .....Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Vikas Kumar Guglani, Advocate. Counsel for the Respondents : Mr. Sandeep Sharma, Assistant Government Advocate assisted by Mrs. Rangoli Purohit, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant – Girish Chandra Pandey seeking anticipatory bail under Sections 316(2), 318(4), 336(3), 338 and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.484 of 2024, registered at Police Station Rudrapur, District Udham Singh Nagar. 2. As per the FIR dated 27.09.2024, Vishal Singh and his wife Smt. Sweety Singh (named accused) took a loan of Rs.4,00,00,000/- from the informant 1 2025:UHC:9703 bank on the basis of forged documents. 3. Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondents. 4. Mr. Vikas Kumar Guglani, Advocate, contended that the applicant was working as Branch Manager at Rudrapur Branch and no allegations have been made by the informant, the Assistant General Manager of Almora Urban Co-operative Bank Limited, Branch Agrasen Chowk, Rudrapur, District Udham Singh Nagar, against the present applicant in the First Information Report. The Loan Committee of the bank scrutinized the documents of the borrowers and after proper scrutinizing of the documents, the Loan Committee sanctioned the loan amount to the borrowers by issuing the approval letter and the said approval letter was issued by the head of the department of the bank. The applicant has no criminal antecedents, and, one co-accused has been granted anticipatory bail in Anticipatory Bail Application No.250 of 2025. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant was granted interim bail on 2 2025:UHC:9703 25.03.2025, and, the conditions of interim bail have not been violated by him. 5. Mr. Sandeep Sharma, learned Assistant Government Advocate, 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 and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 25.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Girish Chandra Pandey, 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; 3 2025:UHC:9703 (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:03.11.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0 e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.11.03 18:55:35 +05'30'