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2025 DAILYLAW 3296 (UTT)

ANAND SINGH v. STATE OF UTTARAKHAND

ABA/228/2025 · 2025-03-27

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:2285 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.228 OF 2025 Anand Singh and Another ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Rajat Mittal, Advocate Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking anticipatory bail under Sections 120B, 420, 467, 468, 504 and Section 506 of the Indian Penal Code, 1860 in Case Crime No. 10 of 2025, registered at Police Station Prem Nagar, District Dehradun. 2. According to the First Information Report, a land was purchased by the informant through a registered sale-deed dated 10.07.2016 from the applicants. The possession of the said land was handed over to the informant at the time of the sale-deed. A 2025:UHC:2285 2 house was constructed by the informant on the said land. One day, some employees of the Tehsil came and told that the said land is someone else’s property. 3. Heard Mr. Rajat Mittal, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the State. 4. Objection to the anticipatory bail application has not been filed. 5. Mr. Rajat Mittal, Advocate, contended that the applicants have been falsely implicated in the present matter. The First Information Report has been lodged after eight years. Applicants are not previous convicts. They are permanent residents of District Dehradun, therefore, there is no likelihood of their absconding. They were granted interim bail on 04.03.2025, and, the conditions of interim bail have not been violated by them. 6. Mr. G.S. Sandhu, learned Additional Advocate General for the State, 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 2025:UHC:2285 3 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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 04.03.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely, Anand Singh and Dayal Singh, they shall be released on bail on executing a personal bond of Rs. 30,000/- 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 cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) Applicants shall not leave the country without the previous permission of the trial court. 2025:UHC:2285 4 9. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date : 27.03.2025 Pant/