Aashutosh vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant Aashutosh seeking anticipatory bail in Case Crime No. 181 of 2024, registered at Police Station Rajpur, District Dehradun under Sections 120B, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.

As per the First Information Report dated 28.07.2024, the applicant and other co-accused are trying to sell the property of the informant using a forged power of attorney deed.

Heard Mr. Nivesh Bahuguna, leaned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Nivesh Bahuguna, Advocate, contended that the applicant is an innocent person. The said power of attorney is a registered deed. When the applicant found that the said deed is forged, he himself wrote a letter to the Senior Superintendent of Police, Dehradun stating therein that he does not want to use the same.

Mr. Nivesh Bahuguna, Advocate, further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. He was granted interim bail on 23.05.2025 and the conditions of the interim bail have not been violated by him.

Mr. Pradeep Lohani, Brief Holder, on instructions, has opposed the anticipatory bail application orally.

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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 23.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Aashutosh, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear 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.