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2025 DAILYLAW 9568 (UTT)

FAIZAN v. STATE OF UTTARAKHAND

ABA/834/2025 · 2025-08-01

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:6770 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 01st AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 834 of 2025 Faizan …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : 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. 270 of 2015 (Criminal Case No. 2318 of 2015), registered at Kotwali Roorkee, District Haridwar under Sections 420, 467, 468, 471, 504 and Section 506 of the Indian Penal Code, 1860. 2. As per the FIR dated 09.09.2015, the applicant had taken Rs. 40,00,000/- from the informant for selling a plot to him. The sale-deed of the said plot was to be executed by 30.06.2012. The applicant did not execute the sale-deed. 3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 1 2025:UHC:6770 4. Mr. Mohd. Safdar, Advocate, contended that the said allegation is baseless. The dispute between the parties is purely a civil dispute which has been illegally being tried to be given a criminal color. Applicant was not arrested during the course of investigation. He was granted interim relief in the writ petition, filed by him under Article 226 of the Constitution of India to quash the First Information Report. He was also granted interim relief in the Application, filed by him under Section 482 of the Code of Criminal Procedure, 1973. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 5. Mr. Chitrarth Kandpal, 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 2 2025:UHC:6770 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 Faizan, 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; (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 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: 01.08.2025 Shiv/ 3