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2025 DAILYLAW 6626 (UTT)

IKBAL HUSSAIN TALUKDAR v. STATE OF UTTARAKHAND

ABA/515/2025 · 2025-07-03

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:5668 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03RD JULY, 2025 ANTICIPATORY BAIL APPLICATION NO.515 OF 2025 Ikbal Hussain Talukdar ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mehboob Rahman Sodial, Advocate (through video conferencing) with Mr. Ashutosh Posti, Advocate. Counsel for the Respondent: Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Ikbal Hussain Talukdar seeking anticipatory bail in Case Crime No.270 of 2024, registered at Kotwali Dehradun, District Dehradun under Sections 420, 120B of the Indian Penal Code, 1860 and Section 66D of the Information Technology Act, 2000. 2. Heard Mr. Mehboob Rahman Sodial, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State. 3. Mr. Mehboob Rahman Sodial, Advocate submitted that as per the First Information Report, a girl named Arya Singh, Professor Dev Vyas and his 1 2025:UHC:5668 colleague Nirav Shah committed online fraud of a total amount of Rs.5,27,580/- in the name of Trading. 4. Mr. Mehboob Rahman Sodial, Advocate further submitted that the applicant is not named in the first information report. He has been falsely implicated in the present matter. He is a permanent resident of District Cachar, Assam, therefore, there is no possibility of his absconding. He does not have any criminal antecedents. He was granted interim bail on 03.06.2025, and, the conditions of the interim bail have not been violated by him. 5. Learned counsel for the State has submitted that during the investigation a sum of Rs.3,000/- was found in the bank account of the present applicant. Apart from the said amount, no evidence has been found against the present applicant. 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 2 2025:UHC:5668 the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 03.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Ikbal Hussain Talukdar, 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 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. 8. 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. Date:03.07.2025 Pant/ 3