2025:UHC:7820 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03rd SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 194 of 2024 Sarmad ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate. Counsel for the Informant : Mr. Shashi Kant Shandilya, Advocate, through video conferencing. Hon’ble Alok Kumar Verma,J. The present Application has been filed for anticipatory bail in Case Crime No.353 of 2022 (Criminal Case No.37 of 2024), registered at Police Station Jhabrera, District Haridwar. 2. According to the First Information Report dated 04.07.2022, the applicant agreed to sale a property to the informant. Certain money was transferred, but the sale-deed was not executed. 3. Heard Mr. Mohd. Safdar, learned counsel for applicant, Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent and Mr. Shashi Kant Shandilya, learned counsel for the informant. 1 2025:UHC:7820 4. Mr. Mohd. Safdar, Advocate, contended that the applicant is still willing and ready to execute the sale-deed. He was not arrested during the course of the investigation. Now, charge-sheet has been filed under Sections 420, 467, 468 and Section 120B of the Indian Penal Code, 1860, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He was granted interim bail on 21.03.2024, and, the conditions of the interim bail have not been violated by him. 5. Mr. Sandeep Sharma, Assistant Government Advocate and Mr. Shashi Kant Shandilya, Advocate, for the informant have opposed the anticipatory bail application. 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 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 2 2025:UHC:7820 Application is allowed and the order dated 21.03.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sarmad, 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. ___________________ Date: 03.09.2025 ALOK KUMAR VERMA, J. Pant/ 3