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2025:UHC:8839
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
07TH OCTOBER, 2025
ANTICIPATORY BAIL APPLICATION NO.294 of 2025
Tilomani Bhatt
.....Applicant
Versus
State of Uttarakhand and Others ..…Respondents
Counsel for the Applicant : Mr. Prem Prakash
Bhatt, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani,
Brief Holder. Hon’ble Alok Kumar Verma,J.
This Application has been filed by the applicant-Tilomani Bhatt for anticipatory bail in Case Crime No.07 of 2025, registered at Police Station Reetha Sahib, District Champawat under Sections 318(4), 338, 336(3) and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report, a fake proposal was prepared by the co-accused Bhuwan Chandra Bhatt for the re-construction of drinking water pipeline. A sum of Rs.2,00,000/-(Rupees Two Lakh) was sanctioned for the said work. The co-accused Bhuwan Chandra Bhatt and the present applicant 1
2025:UHC:8839 Tilomani Bhatt embezzled the said amount in connivance with the employees of the Block Development Office. 3. Heard Mr. Prem Prakash Bhatt, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Prem Prakash Bhatt, Advocate, contended that the drinking water pipeline repair scheme was approved by the State Disaster Management Fund. The total cost of the project was estimated to Rs.1,73,000/- (Rupees One Lakh Seventy Three Thousand). The entire work was completed under the supervision of Project Implementation Unit. After completion of work, the co-accused Diwas Kumar Pandey, the Junior Engineer, prepared the measurement of the scheme by making technical and physical inspection. The third party verification was also conducted and after duly completion of all the formalities, the cheque of the final bill was issued to the present applicant in the month of January, 2025. 5. Mr. Prem Prakash Bhatt, Advocate, has further submitted that the applicant, aged about 65 years, has not embezzled any amount of the said scheme. He is a permanent resident of District 2
2025:UHC:8839 Champawat, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.
The co-accused Bhuwan Chandra Bhatt has already been granted regular bail by this Court and the co-accused Diwas Kumar Pandey has been granted anticipatory bail by this Court in the Anticipatory Bail Application No.263 of 2025, and, applicant was granted interim bail on 21.03.2025, and, the conditions of the interim bail have not been violated by him. 6. Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application. 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 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 21.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest 3
2025:UHC:8839 of the applicant Tilomani Bhatt, 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.
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:07.10.2025 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=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0e 018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.10.07 18:18:34 +05'30'