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2025 DAILYLAW 5555 (UTT)

MONU v. STATE OF UTTARAKHAND

ABA/409/2025 · 2025-09-03

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7824 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03rd SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 409 OF 2025 Monu (female) ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Lalit Sharma, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant – Monu for anticipatory bail under Section 12 of the Prevention of Corruption Act, 1988 in Case Crime No.3 of 2025, registered at Vigilance Establishment, Sector Dehradun, District Dehradun. 2. Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent. 3. Mr. Lalit Sharma, Advocate, submitted that one Radha Rani filed an application for mutation on 23.01.2023. Allegation against the present applicant is that the applicant, who is working as Revenue Sub- Inspector, demanded bribe from the complainant, who is the husband of Radha Rani. 4. Mr. Lalit Sharma, Advocate, further submitted 1 2025:UHC:7824 that after verifying the entire documents, the mutation case was dismissed on 28.02.2023. The applicant neither demanded any money nor did she receive any money. 5. Mr. Lalit Sharma, Advocate, submitted that the co-accused Anuj Kumar, who was arrested on 09.04.2025 while taking bribe of Rs.4,500/-, has been granted regular bail by this Court in First Bail Application No.804 of 2025. Applicant is a Government servant, therefore, there is no possibility of her absconding. She was granted interim bail on 25.04.2025, and, the conditions of the interim bail have not been violated by her. 6. Mr. Sandeep Sharma, Assistant Government Advocate, 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 Anticipatory Bail Application is allowed and the order dated 25.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant 2 2025:UHC:7824 Monu, 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 cooperate with the Investigating Agency and she shall make herself 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 she shall 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. 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 cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date: 03.09.2025 Shiv/ 3