2025:UHC:5631 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02ND JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 688 of 2025 Ashwani Mittal … Applicant Versus State of Uttarakhand … Respondent Counsel for the Applicant : Mr. V.S. Chauhan, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 191 of 2023, registered at Police Station Dalanwala, District Dehradun under Sections 406, 420, 504 and Section 506 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 02.09.2023, a sum of Rs.2,00,000/- was given to the applicant and the co-accused by the informant for purchasing 3-BHK flat in the year 2019, but subsequently, neither any valid agreement was executed nor the money was returned. 3. Heard Mr. V.S. Chauhan, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. V.S. Chauhan, Advocate, contended that the said allegations are totally false. Applicant has not received 1 2025:UHC:5631 any payment in his account. He was not involved in the present matter. He never met the informant. He was not arrested during the course of the investigation. Charge- sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant, aged about 77 years, is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 5. Mr. Pradeep Lohani, Brief Holder, 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. 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 Ashwani Mittal, 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; 2 2025:UHC:5631 (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. 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. Dt: 02.07.2025 Shiv/ 3