2025:UHC:3000 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH APRIL, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO.06 of 2025 Danish ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate. Counsel for the : Mr. G.S. Sandhu, Respondent Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. This is the Second Anticipatory Bail Application. The First Anticipatory Bail Application (No.169 of 2025) was dismissed as withdrawn on 25.02.2025 granting liberty to the applicant to file a fresh anticipatory bail application with better particulars. 2. The present Application has been filed by the applicant-Danish seeking anticipatory bail under Sections 120B, 420, 504 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.56 of 2024, 1 2025:UHC:3000 registered at Police Station Pathri, District Haridwar. 3. As per the First Information Report, the applicant is the owner of the property-in-question. Applicant and four other co-accused took Rs.12,50,000/-(Rupees Twelve Lakh Fifty Thousand) in cash as advance from the informant to sell the property-in-question (land), but the land was not sold in favour of the informant. 4. Heard Mr. Mohd. Safdar, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General for respondent. 5. Mr. Mohd. Safdar, Advocate, submitted that as per Agreement dated 13.04.2023, the date of execution of sale-deed was 20.05.2023, but no attempt was made by the informant to purchase the said land. 6. Mr. Mohd. Safdar, Advocate, further submitted that the applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, he was granted interim bail on 12.03.2025 and the conditions of interim bail have not been violated by him. 7. Mr. G.S. Sandhu, learned Additional Advocate 2 2025:UHC:3000 General, on instructions, has opposed the anticipatory bail application orally. 8. 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. 9. 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 12.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, named Danish, 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 3 2025:UHC:3000 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. 10. 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:24.04.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e 018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE 64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.04.24 19:07:16 +05'30'