2025:UHC:2026 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21ST MARCH, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO.7 of 2025 Smt. Monika Kapoor ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Nandan Arya, Advocate (through video conferencing). Counsel for the State : Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Second Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant Smt. Monika Kapoor seeking anticipatory bail under Sections 406, 420, 120B of the Indian Penal Code, 1860 and Section 3 of the Uttarakhand Protection of Interests of Depositors (In Financial Establishments) Act, 2005 in Case Crime No.66 of 2022, registered at Police Station Srinagar, District Pauri Garhwal. 2. The First Anticipatory Bail Application (ABA No.647 of 2023) was dismissed on 24.08.2023 on the 2025:UHC:2026 2 statement of Mr. Satyendra Singh Lingwal, Advocate, that the applicant Smt. Monika Kapoor has been arrested. 3. According to the present matter, the amount of account holders was not paid by the applicant, who was the Vice Chairman of Janshakti Multistate Multipurpose Co-operative Society. The applicant and other co-accused grabbed the money of the account holders. 4. Heard Mr. Nandan Arya, learned counsel for applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the State. 5. Mr. Nandan Araya, Advocate, has contended that the applicant has been falsely implicated in the present matter. She is a permanent resident of Delhi, therefore, there is no possibility of her absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Deepak Bhardwaj, learned Brief Holder appearing for the State, has opposed the second anticipatory bail application orally. 7. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right 2025:UHC:2026 3 and it should be curtailed only when it becomes 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, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant Smt. Monika Kapoor, she 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 she 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. 9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for 2025:UHC:2026 4 cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:21.03.2025 Shiv/