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2025 DAILYLAW 1444 (UTT)

RAJESH KUMAR v. STATE OF UTTARAKHAND

ABA/88/2025 · 2025-02-13

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 88 of 2025 Rajesh Kumar ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Saurabh Kumar Pandey, Advocate for the applicant. Mr. S.C. Dumka, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant seeks anticipatory bail in FIR No. 522 of 2023 under Sections 420, 419 IPC, P.S Patel Nagar, District Dehradun. 2. Heard learned counsel for the parties and perused the record. 3. In a public examination, two co-accused were found using unfair means by the electronic devices. The applicant is not named in the FIR. 4. Learned counsel for the applicant would submit that the persons, who were apprehended while using unfair means have already been granted bail; the applicant is not named in the FIR; his name was revealed in the charge sheet; the role of the applicant cannot be said to be graver than the persons, who were using unfair means. 2 5. Learned State Counsel admits that the persons, who were using unfair means have already been granted bail. He admits that, to that extent, it is a case of parity. 6. Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:- (i) The applicant shall not approach in any manner whatsoever, any of the witnesses of the case. (ii) He shall not leave the country without prior permission of the concerned court. (iii) He shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case, the applicant does not have passport, he shall give an undertaking to that effect to the court concerned. 3 (iv) The applicant shall also give an undertaking on (i) & (ii) above. (Ravindra Maithani, J.) 13.02.2025 Avneet/