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2025 DAILYLAW 1498 (UTT)

JAIDEEP SINGH BOHRA v. STATE OF UTTARAKHAND

ABA/81/2025 · 2025-02-21

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:1245 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21st FEBRUARY, 2025 ANTICIPATORY BAIL APPLICATION NO. 81 of 2025 Jaideep Singh Bohra and five Others …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Ms. Suraiya Naaz, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, AGA with Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. Apprehending their arrest, the applicants have filed the present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in case bearing FIR No.19 of 2016 (Criminal Case No.665 of 2017 “State vs. Jaideep Bohra and Others”), registered at Police Station Ranipokhari, District Dehradun. 2. As per FIR, the informant is the owner and in possession of the property in-question. The co-accused Ashok Kumar showing himself the son of Harbansh Lal on the basis of a forged death certificate of Harbansh Lal and with the help of officials of Tehsil recorded his name in the revenue records and thereafter the said property was sold 2025:UHC:1245 2 to the present applicants. 3. Heard Ms. Suraiya Naaz, learned counsel for the applicants and Mr. Pratiroop Pandey, learned AGA assisted by Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Ms. Suraiya Naaz, Advocate, appearing for the applicants, has contended that the applicants were not named in the First Information Report. However, the charge-sheet (No.37A of 2016) has been filed against the applicants on the ground that the facts of the case were within their knowledge. She has further argued that the applicants are innocent persons. They have been falsely implicated in the present matter. They are bona fide purchasers. The dispute between the parties is civil in nature. Applicants do not have any criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no likelihood of their absconding. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 5. Mr. Pratiroop Pandey, learned AGA for the State, has opposed the Anticipatory Bail Application. However, he submitted on instruction that the applicants are not required for custodial interrogation. 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 2025:UHC:1245 3 case. 7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants, namely, Jaideep Singh Bohra, Surendra Singh Bohra, Pradeep Singh Bohra, Rohit Bohra, Anil Mohan Malla and Ramesh Singh Rawat, they should be released on anticipatory bail on executing a personal bond of Rs. 30,000/- each and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iii) Applicants shall not leave the country without the previous permission of the trial court. 8. It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt: 21.02.2025 Pant/