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2025 DAILYLAW 2987 (UTT)

SANJAY KUMAR SAINI v. STATE OF UTTARAKHAND

ABA/195/2025 · 2025-10-15

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9249 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 15TH OCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO.195 of 2025 Sanjay Kumar Saini .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, Assistant Government Advocate assisted by Mrs. Sweta Badola Dobhal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant- Sanjay Kumar Saini for anticipatory bail in Case Crime No.18 of 2025, registered at Police Station Rajpur, District Dehradun under Sections 120B, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860. 2. As per the First Information Report, a plot was shown to the informant by the present applicant and other co-accused. The sale-deed was executed by co-accused Sampurnanand Tyagi on 20.11.2021, but the name of the informant could not be recorded in the revenue record because the owner of the said plot is 1 2025:UHC:9249 someone else. 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pratiroop Pandy, learned Assistant Government Advocate for the respondent. 4. Mr. Gaurav Singh, Advocate, has contended that the applicant is neither the vendor nor the beneficiary of the alleged sale-deed. He was mere an attesting witness of the sale-deed and no amount was transferred to his bank account. He has no criminal antecedents. He is a permanent resident of District Saharanpur, Uttar Pradesh, 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 28.02.2025, and, the conditions of the interim bail have not been violated by him. 5. Mr. Pratiroop Pandey, learned Assistant Government Advocate, has opposed the anticipatory bail application orally. 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 2 2025:UHC:9249 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 28.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sanjay Kumar Saini, 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. 8. 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:15.10.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32D E6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.15 18:33:17 +05'30'