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2025 DAILYLAW 7990 (UTT)

RAM v. STATE OF UTTARAKHAND

ABA/680/2025 · 2025-07-08

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:5841 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08th JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 680 of 2025 Shri Ram …Applicant Versus State of Uttarakhand and Others …Respondents Counsel for the Applicant : Mr. Vikas Bahuguna, Advocate with Mr. Chandra Prakash, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, A.G.A. Nos. 1 and 2 with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 94 of 2025, registered at Police Station Gangnahar, District Haridwar under Section 420 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 17.03.2025, the informant had given Rs.1,00,000/- to the applicant to buy a plot. He (informant) later came to know that the said plot was in the possession of someone else. Applicant has not returned his money. The District Consumer Disputes Redressal Commission has directed the applicant to return Rs.1,00,000/- along with 6% interest to the informant. 1 2025:UHC:5841 3. Heard Mr. Vikas Bahuguna, learned counsel for the applicant and Mr. Tumul Nainwal, learned A.G.A. for the respondent nos. 1 and 2. 4. Mr. Vikas Bahuguna, Advocate appearing for the applicant, contended that the applicant, aged about 72 years, has been falsely implicated in the present matter. The informant has failed to produce any copy of agreement to sell to establish his case that he gave Rs. 1,00,000/- to the applicant for purchasing the plot. Applicant had filed an Appeal against the order of the District Consumer Disputes Redressal Commission before the State Consumer Disputes Redressal Commission. The said Appeal has been allowed on 10.02.2025. Applicant has no criminal antecedents, and, he is a permanent resident of District Barabanki, Uttar Pradesh, therefore, there is no likelihood of his absconding. 5. Mr. Tumul Nainwal, A.G.A., on instructions, 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. 2 2025:UHC:5841 7. 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 Shri Ram, 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 clarified 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: 08.07.2025 Shiv/ 3