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2025 DAILYLAW 9384 (UTT)

KULDEEP NANDRAJOG v. STATE OF UTTARAKHAND

BA1/1310/2025 · 2025-09-19

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8389 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 19th SEPTEMBER, 2025 FIRST BAIL APPLICATION NO. 1310 of 2025 Kuldeep Nandrajog ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sharang Dhulia, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The 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.478 of 2023, registered at Police Station Bahadarabad, District Haridwar. 2. As per FIR dated 26.10.2023, lodged by the informant Awadhesh Kumar Gaur, Kuldeep Nandrajog (applicant) and Anjali Tyagi are directors of M/S Octagon Builders and Promoters Private Ltd. and co- accused Ravi Kumar and Ashish Kumar are employees of the said Company. They booked a plot (No.329 area 118.36 square yards) for the informant. He (informant) paid Rs.8,19,972/- (Rupees eight lakh 1 2025:UHC:8389 nineteen thousand nine hundred seventy two), but, he was not given possession of his plot. 3. Heard Mr. Sharang Dhulia, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 4. 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. 5. Mr. Chitrarth Kandpal, learned Brief Holder, has opposed the bail application orally. 2 2025:UHC:8389 6. 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. 7. 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. 8. The Bail Application is allowed. 9. 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: 19.09.2025 Pant/ 3