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2025 DAILYLAW 8137 (UTT)

KULDEEP NANDRAJOG v. STATE OF UTTARAKHAND

BA2/165/2025 · 2025-10-10

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9000 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10TH OCTOBER, 2025 SECOND BAIL APPLICATION NO.165 of 2025 Kuldeep Nandrajog ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sharang Dhulia, Advocate through video conferencing. Counsel for the Respondent : Mr. Pankaj Joshi, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. Applicant-Kuldeep Nandrajog is in judicial custody for the offence punishable under Section 420 and Section 120B of the Indian Penal Code, 1860 in Case Crime No.131 of 2024, registered at Police Station Bahadarabad, District Haridwar. 2. The First Bail Application (No.1033 of 2025) was dismissed as withdrawn on 17.06.2025 with liberty to file afresh. 3. The informant Smt. Kamlesh lodged the First Information Report against two persons including the present applicant on 03.04.2024 alleging that she had purchased a plot from M/S Octagon Builders and 1 2025:UHC:9000 Promoters Private Ltd. for which she had made full payment along with development charges, but, till date the possession of the plot has not been handed over to her by the builder and the land is still not developed. 4. Heard Mr. Sharang Dhulia, learned counsel for the applicant and Mr. Pankaj Joshi, learned Assistant Government Advocate for respondent. 5. Mr. Sharang Dhulia, Advocate, contended that the applicant has been falsely implicated in the present matter. The informant was dealt with by Vibhu Vishwabandhu, the director of the company, and the entire responsibility of selling the plot was of Vibhu Vishwabandhu. Applicant had no connection with the sale of the plot to the informant. He had not cheated the informant. He had not received any amount from the informant. The company has gone under liquidation. The matter is pending before the Hon’ble High Court of Delhi. Applicant is in custody for a long period. The co-accused has been granted bail by the District and Sessions Judge, Haridwar. Applicant is a permanent resident of Delhi, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Pankaj Joshi, learned Assistant 2 2025:UHC:9000 Government Advocate for respondent, has opposed the bail application orally. 7. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused. 8. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 9. The Bail Application is allowed. 10. Let the applicant- Kuldeep Nandrajog be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. ___________________ ALOK KUMAR VERMA, J. Dt:10.10.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f 008e9a4a8038ee7326b08b2 d0e018b01be753f014836d27 , postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779 FB9677068452F32DE6BA960 BFE64D819EE44CA9CCE487B 2FE0F92, cn=NEHA BISHT Date: 2025.10.10 16:36:13 +05'30'