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2025 DAILYLAW 1487 (UTT)

SUKKHA SINGH v. STATE OF UTTARAKHAND

ABA/79/2025 · 2025-02-11

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 79 of 2025 Sukkha Singh and Another ...Applicants Versus State of Uttarakhand ….Respondent Present:- Ms. Rajni Rangwal, Advocate for the applicants. Mr. Akshay Latwal, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicants-Sukkha Singh and Mohd. Masood Khan seeks anticipatory bail in FIR/Case Crime No.0006 of 2025, under Sections 406, 420 and 120-B IPC, Police Station Dalanwala, District Dehradun. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 29.11.2021, co- accused Zareena Begum had agreed to sell a land to the informant and Rs. 40 Lakhs were paid by the informant, but, subsequently, Zareena Begum did not execute the sale deed. Applicant no.1, Sukkha Singh is the witness to the agreement to sale and applicant no.2, Mohd. Masood Khan, is the son of co-accused Zareena Begum. 4. Learned counsel for the applicants would submit that the co-accused is ready and willing to execute the sale deed even today; the FIR has been lodged after four years; it is a purely civil dispute. 2 5. Learned State Counsel would submit that the applicant no.1, Sukkha Singh, has taken Rs. 29 Lakhs from the informant. 6. Having considered, this Court is of the view that this is a case, in which the applicants 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 applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall co-operate with the investigation. (ii) The applicants shall not approach any witness in any manner, whatsoever. (iii) The applicants shall not leave the country without prior permission of the court concerned. (iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO. (v) The applicants shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J.) 11.02.2025 Ravi Bisht