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2025 DAILYLAW 5607 (UTT)

ZAMEER AHAMAD v. STATE OF UTTARAKHAND

ABA/413/2025 · 2025-07-16

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:6191 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16th JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 413 OF 2025 Zameer Ahamad and Another ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Pritish Arya, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants Zameer Ahamad, aged about 53 years, and Nasir Ahamad, aged about 64 years, for anticipatory bail in Case Crime No. 118 of 2025, registered at Kotwali Dehradun, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 2. As per the FIR dated 25.03.2025, the applicants executed a sale-deed of the informant’s property in the year, 2004 based on a forged power of attorney. 3. Heard Mr. Pritish Arya, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Pritish Arya, Advocate, contended that 1 2025:UHC:6191 the applicants have been falsely implicated in the present matter. Sale-deed was executed on the basis of an agreement dated 12.06.1996. Applicants are permanent residents of District Dehradun, therefore, there is no chance of their absconding. They are not convicted persons. They were granted interim bail on 30.04.2025, and, the conditions of the interim bail have not been violated by them. 5. Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application orally. 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 Application is allowed and the order dated 30.04.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Zameer Ahamad and Nasir Ahamad, they 2 2025:UHC:6191 shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) Applicants shall not leave the country without the previous permission of the trial court. 8. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt: 16.07.2025 Shiv/ 3