SAMPURNA NAND TYAGI ALIAS S N TYAGI v. STATE OF UTTARAKHAND
ABA/209/2025 · 2025-04-08
Alok Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3079 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3079 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2642
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
08TH APRIL, 2025
ANTICIPATORY BAIL APPLICATION NO.209 of 2025
Sampurna Nand Tyagi alias S N Tyagi ..…Applicant
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicant : Mr. Chandra Shekhar,
Advocate with Mr. Harshit
Sanwal, Advocate.
Counsel for the State : Mr. Pradeep Lohani, Brief
Holder.
Hon’ble Alok Kumar Verma,J.
The present Application has been filed by the applicant-Sampurna Nand Tyagi alias S N Tyagi seeking anticipatory bail under Sections 120B, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in Case Crime No.18 of 2025, registered at Police Station Rajpur, District Dehradun.
2.
As per the First Information Report, the applicant had executed a sale-deed of a plot in favour of the informant, but he was not the owner of the said plot.
1
2025:UHC:2642
3.
Heard Mr. Chandra Shekhar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.
4.
Mr. Chandra Shekhar, Advocate, submitted that the applicant had purchased the total land of 0.0620 hectare from M/s Ansal Buildwell Limited. He has effected sale of only 0.0059817 hectare of land by way of six registered sale-deeds, including the sale- deed in favour of the informant, and, the possession was handed over to the informant at the time of the sale-deed.
5.
Mr. Chandra Shekhar, Advocate, has further submitted that the applicant, aged about 69 years, is a permanent resident of District Ghaziabad (Uttar Pradesh), therefore, there is no possibility of his absconding. He does not have any criminal antecedents. He was granted interim bail on
04.03.2025. He never misused the conditions of the interim bail.
6.
Mr. Pradeep Lohani, learned 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 2
2025:UHC:2642 imperative according to the peculiar
facts and circumstances of the 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 Application, filed for anticipatory bail, is allowed and
order dated 04.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, named, Sampurna Nand Tyagi alias S N Tyagi, 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 cooperate with the
Investigating Agency and he shall make
himself available for interrogation by a police
officer as and when required;
(ii) If the charge-sheet is filed, the applicant
shall attend the trial court regularly and he shall
not seek any unnecessary adjournment;
(iii) Applicant shall not directly or indirectly make
any inducement, threat or promise to any person,
acquainted with the facts of this case; (iv) Applicant shall not leave the country without the previous permission of the trial court. 3
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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 Neha
4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7 326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F3 2DE6BA960BFE64D819EE44CA9CCE487B2FE0F 92, cn=NEHA BISHT Date: 2025.04.08 19:20:48 +05'30'