Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5665
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
03RD JULY, 2025
ANTICIPATORY BAIL APPLICATION NO.735 of 2025
1. Anchal Saini
2. Himanshu Saini
…Applicants
Versus
State of Uttarakhand
…Respondent
Counsel for the Applicants : Ms. Sukhwani Singh, Advocate
Counsel for the Respondent : Mr. Tumul Nainwal, A.G.A.
assisted by Mr. Chitrarth
Kandpal, Brief Holder
Hon’ble Alok Kumar Verma,J.
The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 208 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Section 318 (2) and Section 336(2) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the First Information Report dated 23.06.2025, an advertisement was published by RNI Inter College, Bhagwanpur, District Haridwar for recruitment to the post of Junior Assistant. A total of 43 application forms were sold. The cost of an application form was Rs.100/-. The applicants had not purchased the application forms. They got the same scanned and 1
2025:UHC:5665 deposited in the college, thus they committed cheating and forgery. 3. Heard Ms. Sukhwani Singh, learned counsel for the applicants and Mr. Tumul Nainwal, learned A.G.A. for the respondent. 4. Ms. Sukhwani Singh, Advocate, submitted that the applicant no.1 is the sister of the applicant no.2. The offences of cheating and forgery are not made out. If there was any defect in the application forms of the applicants, the college could have rejected it. 5. Ms. Sukhwani Singh, Advocate further submitted that the applicants do not have any criminal antecedents. They are permanent residents of District Haridwar and they will co-operate with the investigation. 6. Mr. Tumul Nainwal, A.G.A., has opposed the anticipatory bail application orally. 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. 2
2025:UHC:5665
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 applicants, Anchal Saini and Himanshu Saini, 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. 9. It is clarified that if the applicants misuse 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: 03.07.2025 JKJ/Pant
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