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2026 DAILYLAW 7785 (UTT)

JAMEEL AHMAD KHAN v. STATE OF UTTARAKHAND

ABA/327/2023 · 2026-07-07

Alok Mahra

body2026

Judgment text

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UKHC010060032023 2026:UHC:5482 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/327/2023 Jameel Ahmad Khan --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J. Mr. Mohd. Shafy,learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. along with Mr. Vikash Uniyal, learned Brief Holder for the State. 3. By means of the present application, the applicant seeks anticipatory bail in connection with Case Crime No. 0217 of 2023, registered at Police Station Rudrapur, District Udham Singh Nagar, for the offences punishable under Sections 420, 467, 468, 471 & 120-B I.P.C. 4. Learned counsel for the applicant would submit that, as per the First Information Report the informant purchased a property from the applicant but now the land is not being mutated in his name. He would further submit that the possession of the land in question was handed over at the time of execution of sale deed; that, in paragraph-9 of the anticipatory bail application, the applicant states that if there is any problem in mutation, the company of the applicant owes the liability to get the plot mutated in the UKHC010060032023 2026:UHC:5482 name of the informant. 5. Learned State counsel, while opposing the anticipatory bail application, would submit that the allegations levelled against the applicant are serious in nature as the alleged land has been transferred on the basis of forged documents. 6. In reply, learned counsel for the applicant would submit that a bare perusal of the F.I.R. does not disclose the commission of any cognizable offence by the applicant and that the prosecution has falsely implicated him; that, the allegations are essentially civil in nature, which has been given a criminal colour; that, a Coordinate Bench of this Court, vide order dated 20.04.2023, granted interim protection from arrest to the applicant; that, pursuant thereto, the applicant has cooperated with the investigation; that, the investigation has since been concluded and the charge-sheet has been submitted before the competent court; that, no material has been brought on record by the Investigating Officer to indicate that custodial interrogation of the applicant is either necessary or warranted. He, therefore, prayed that the interim protection granted to the applicant be confirmed and made absolute. 7. Having heard learned counsel for the parties, perused the material available on record, and considering the nature of the allegations, the submissions advanced on behalf of the parties, the fact that the applicant has remained protected pursuant to the UKHC010060032023 2026:UHC:5482 interim order dated 20.04.2023, has cooperated with the investigation, the investigation stands concluded and the charge-sheet has already been submitted, and there being no material to indicate that the custodial interrogation of the applicant is now required, without expressing any opinion on the merits of the case, this Court finds it to be a fit case for confirming the interim protection granted earlier. 8. Consequently, the interim anticipatory bail granted to the applicant vide order dated 20.04.2023 is hereby made absolute, subject to the conditions contained in the said order and any other conditions that may be imposed by the trial court in accordance with law. 9. The anticipatory bail application is, accordingly, disposed of. 10. Pending applications, if any, also stand disposed of accordingly. (Alok Mahra, J.) 07-07-2026 mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430 ef900bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e6891 1ca8b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.07.08 16:32:05 +05'30'