Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4006 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
16th MAY, 2025
ANTICIPATORY BAIL APPLICATION NO. 505 of 2025
Harbir Singh
… Applicant
Versus
State of Uttarakhand
… Respondent
Counsel for the Applicant : Mr. Vikas Bahuguna,
Advocate (through video Conferencing). Counsel for the Respondent : Mr. G.S. Sandhu, Additional
Advocate General assisted by
Mr. Deepak Bhardwaj, Brief
Holder. Hon’ble Alok Kumar Verma,J.
This Application has been filed by the applicant Harbir Singh seeking anticipatory bail in Case Crime No.180 of 2019 (Criminal Case No. 636 of 2021), registered at Police Station Raipur, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860. 2. According to the First Information Report dated 23.07.2019, co-accused Rajveer Singh Dutt executed a sale-deed dated 18.07.2018 in favour of the informant by deceiving him. 3. Heard Mr. Vikas Bahuguna, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent. 1
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4. Mr. Vikas Bahuguna, Advocate, contended that the applicant is not named in the First Information Report. He along with the co-accused Rajveer Singh Dutt purchased a piece of land vide sale-deed dated
03.07.2015. A power of attorney was executed by the applicant in favour of the co-accused Rajveer Singh Dutt and co-accused Neeraj Bhandari, who are property dealers in Dehradun. Applicant had no knowledge of the transactions as alleged by the informant. Applicant filed a Writ Petition under Article 226 of the Constitution of India to quash the First Information Report. He was granted interim relief in the said Writ Petition. The co-accused Rajveer Singh Dutt was also granted interim bail in Anticipatory Bail Application No. 165 of 2021. However, the said Anticipatory Bail Application was dismissed in default on 23.10.2021. Co-accused Neeraj Bhandari has also been granted anticipatory bail on 24.07.2021. 5. Mr. Vikas Bahuguna, Advocate, further submitted that the applicant, aged about 56 years, is not a convicted person. He is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of 2
2025:UHC:4006 tampering with the evidence. 6. Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application orally. 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Harbir Singh, 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 3
2025:UHC:4006 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: 16.05.2025 Shiv/
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