2025:UHC:6397 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ND JULY, 2025 ANTICIPATORY BAIL APPLICATION NO.567 of 2025 Smt. Madhu …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Mahendra Singh Rawat, Advocate Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant-Smt. Madhu seeking anticipatory bail in Case Crime No.448 of 2009 (Criminal Case No.951 of 2010, “State vs. Dhruv Kumar and Another”), registered at Kotwali Ranipur, District Haridwar. 2. As per the First Information Report dated 18.12.2009, Co-accused Dhruv Kumar had taken the informant’s Tata Sumo Indica Car (Registration No.DL 4CP/1752) from him on 14.12.2008. On the complaint of the informant-Pramod Kumar Singh, the police took the co-accused Dhruv Kumar to the police station with the said vehicle on 08.09.2009. Co-accused Dhruv Kumar told the police that he had purchased the said 1 2025:UHC:6397 vehicle from the informant for Rs.60,000/-, whereas, the informed had not sold the said vehicle to him. Co- accused Dhruv Kumar had produced fake documents. The transfer of the said vehicle has been fraudulently shown in favour of the applicant-Smt. Madhu. 3. Heard Mr. Mahendra Singh Rawat, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Mahendra Singh Rawat, Advocate submitted that the charge-sheet against the applicant- Smt. Madhu has been filed for the offence under Sections 406, 420, 467, 468 & Section 471 of the Indian Penal Code, 1860. The alleged vehicle was registered with the ARTO, New Delhi. One Rakesh Kumar was the owner of the said car. He sold the said car to the applicant. After obtaining No Objection Certificate from the ARTO, Delhi, the applicant got registered the said vehicle with the ARTO, Haridwar. 5. Mr. Mahendra Kumar Rawat, Advocate further submitted that the applicant does not have any criminal antecedents. She is a permanent resident of District Haridwar. She was granted interim relief in a Writ Petition, filed under Article 226 of the Constitution of India for quashing the First Information Report. All 2 2025:UHC:6397 the relevant documents were taken by the Investigating Officer and the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Pradeep Lohani, Brief Holder has opposed the anticipatory bail application. He submitted that the original owner of the vehicle-in-question was one Rakesh Kumar. He sold the said vehicle to one Sanjay Kumar in the year, 2005. Mr. Sanjay Kumar further sold the said vehicle to the informant on 22.11.2007 for Rs.60,000/-. But, as per the Registration Certificate, the present applicant-Smt. Madhu is the registered owner of the vehicle-in-question. 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-Smt. Madhu, she shall be released on anticipatory bail on executing a 3 2025:UHC:6397 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 she 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 clarified 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. Dt: 22.07.2025 JKJ/Pant 4