No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS ABA No.195 of 2026 Hon’ble Alok Mahra, J. Mr. Shubhang Dobhal, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. 2. Applicant-Ravindra Joshi seeks anticipatory bail in connection with F.I.R. No.0246 of 2023, under Section 409 of I.P.C., registered at Police Station, Ramnagar, District Nainital. 3. The applicant was employed with Dev Bhumi Multipurpose Autonomous Committee, a society registered with the Registrar, Cooperative Societies, having its office at Haldwani. The complainant and several other persons were engaged by the said society as agents and were entrusted with the responsibility of opening accounts and facilitating the deposit of funds into the society's accounts. As per the allegations contained in the F.I.R., the applicant was serving as the Manager of the said society. It is alleged that after the expiry of one year from the opening of the accounts, when the complainant and other agents submitted withdrawal forms for release of the deposited amounts, neither the customers nor the agents received the money. The F.I.R. further alleges that the entire deposited amount was misappropriated and siphoned off, resulting in wrongful loss to the depositors. 4. Learned counsel for the applicant submits that the F.I.R. was lodged on 13.06.2023 and, despite the lapse of nearly three years, the investigation has not culminated in submission of a charge-sheet. It is further submitted that the applicant has been falsely implicated in the present case. According to the applicant, he was neither the Manager nor an office-bearer of the concerned society, but was merely associated with it as an agent. It is contended that the allegation regarding his functioning as Manager is factually incorrect. Learned counsel further submits that the applicant is a teacher employed in a private educational institution and has no criminal antecedents. 5. Learned counsel for the applicant has placed reliance upon the judgment of the Hon'ble Supreme Court in Dataram Singh Vs. State of Uttar Pradesh and Another, reported in (2018) 3 SCC 22, wherein it has been observed that where an accused has not been arrested for a considerable period during the course of investigation, such circumstance constitutes a relevant factor while considering his prayer for bail. 6. Learned State Counsel, on instructions, submits that till date no charge-sheet has been filed in the matter. Written instructions furnished by the Investigating Officer are taken on record. 7. Having considered the rival submissions and upon perusal of the material available on record, it transpires that the F.I.R. was registered on 13.06.2023 and, admittedly, neither has the investigation culminated in submission of a charge-sheet nor has the applicant been arrested during the entire period of investigation. This fact has also been fairly conceded by the learned State Counsel. The prolonged pendency of investigation, coupled with the fact that the applicant has remained available to the investigating agency and has not been taken into custody for nearly three years, constitutes a relevant consideration while examining the applicant's entitlement to the discretionary relief sought. 8. Having considered the entirety of the facts, this Court is of the view that this is a case fit for anticipatory bail. 9. The anticipatory bail application is allowed. 10. In that eventuality of arrest, the Applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the Applicant shall also comply with the following conditions:- (i). The Applicant shall co-operate with the investigation. (ii). The Applicant shall not approach any witness in any manner, whatsoever. (iii). The Applicant shall not leave the country without prior permission of the concerned court. (iv). The Applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the Applicant does not have passport, he shall give an undertaking to that effect to the AO. (v). The Applicant shall also give an undertaking on (i), (ii) & (iii) above. (Alok Mahra, J.) 05.06.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.06.05 13:44:07 +05'30'