Aniket Kakkar And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.8 of 2025, registered at Police Station Prem Nagar, District Dehradun.

Heard Mr. Vikash Bahuguna, learned counsel for the applicants, Mr. Pratiroop Pandey, learned A.G.A. for the respondent and Mr. Ankur Sharma, learned counsel for the informant.

Mr. Pratiroop Pandey, A.G.A., on instructions, submitted that the investigation is pending against the present applicants under Section 420 and Section 120B of the Indian Penal Code, 1860.

Mr. Pratiroop Pandey, A.G.A., opposed the Application and submitted that the case of the informant is that the present applicants purchased the property through a registered sale-deed dated 02.08.2022 from Puneet Sehgal, the co-accused, who was not the owner of the property.

Mr. Ankur Sharma, Advocate, has also opposed the anticipatory bail application.

Mr. Vikas Bahuguna, Advocate, contended that the co-accused Puneet Sehgal was the sole owner of the property-in-question. His name was recorded in the revenue records. A Civil Suit has been filed by a relative (co-owner) of the informant, in which, the trial court has directed the parties to maintain status quo.

Mr. Vikas Bahuguna, Advocate, has further submitted that the applicants are not previous convicts. They are perm anent residents of District Dehradun, therefore, there is no possibility of their absconding, and, they were granted interim bail on 28.01.2025 and the conditions of the interim bail have not been violated by them.

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 28.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely Aniket Kakkar and Lalit Kakkar, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them , to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

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

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.