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2025 DAILYLAW 7110 (UTT)

RAO NAUSHAD v. STATE OF UTTARAKHAND

ABA/568/2025 · 2025-09-22

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8480 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ND SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.568 of 2025 Rao Naushad and Others .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Counsel for the Respondent : Mr. Tajhar Qayyum, Informant Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 235 of 2025, registered at Kotwali Jwalapur, District Haridwar under Sections 120B, 406, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860. 2. Heard Mr. Gaurav Singh, learned counsel for the applicants, Mr. Himanshu Sain, learned Brief Holder for the respondent and Mr. Tajhar Qayyum, learned counsel for the informant. 3. Mr. Gaurav Singh, Advocate, submitted that as per the FIR dated 14.05.2025, a registered sale- 1 2025:UHC:8480 deed dated 17.04.2018 was executed by the present applicants in favour of the informant. However, possession was not delivered. He further submitted that the owner of the property-in-question was Masum Ali, the grandfather of the applicants. He executed a will in favour of the applicants. Applicants executed a sale-deed in favour of the informant and possession was handed over at the time of the execution of the sale-deed. Applicants are permanent residents of District Haridwar, therefore, there is no likelihood of their absconding. Applicants have no criminal antecedents. They were granted interim bail on 23.05.2025, and, the conditions of the interim bail have not been violated by them. 4. Mr. Himanshu Sain, learned Brief Holder and Mr. Tajhar Qayyum, Advocate, have opposed the anticipatory bail application. 5. 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. 6. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 2 2025:UHC:8480 and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 23.05.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Rao Naushad, Rao Sahbaj and Rao Salman, they 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. 7. It is made clear that if the applicants misuse 3 2025:UHC:8480 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:22.09.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.22 18:07:52 +05'30'