2025:UHC:2627 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 8TH APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 97 of 2025 Shivram …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Akshay Pradhan, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant Shivram seeking anticipatory bail under Sections 420, 467, 468, 471, 504 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.226 of 2020 (Criminal Case No.526 of 2023), registered at Police Station Sahaspur, District Dehradun. 2. As per the FIR dated 20.08.2020, the applicant had agreed to sell a property to the informant and an agreement to sell was recorded in the year, 2009. But, he had not sold the property to the informant and sold it to some other person. 3. Heard Mr. Akshay Pradhan, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State. 4. Mr. Akshay Pradhan, Advocate, contended that 2025:UHC:2627 2 the applicant was the owner of the property-in-question. Applicant and informant entered into an agreement to sell on 04.08.2009. A cheque of Rs.85,000/- was issued by the informant. Thereafter, the informant told the applicant that he does not want to purchase the land and requested the applicant not to present the said cheque for encashment. The cheque was not presented to the bank by the applicant. After a lapse of more than three years, the applicant sold the piece of land-in-question to Smt. Reena on 22.10.2012, Iqlakh on 18.12.2017, Shahjad and Gulnaaz on 02.01.2018. The purchasers of the said land have not raised any complaint against the applicant. 5. Mr. Akshay Pradhan, Advocate, further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 12.02.2025. He has not misused the conditions of the interim bail. 6. Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application orally. 7. 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:2627 3 case. 8. 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 Anticipatory Bail Application is allowed and the order dated 12.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, named Shivram, 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; (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. 9. 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. Dt: 08.04.2025 Shiv/