Ankush Srivastav And Ors. vs State Of Uttarakhand

Alok Kumar Verma, J

Apprehending their arrest, the applicants have filed the present Applications under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 420 of the Indian Penal Code, 1860 in case bearing First Information Report No. 173 of 2023, registered at Police Station Mukhani, District Nainital.

These two applications arise from one First Information Report (FIR No. 173 of 2023), therefore, these applications are being heard together and decided by this common order.

Anticipatory Bail Application No. 1049 of 2024 will be treated as a leading case.

Heard Mr. Pradeep Chamiyal, learned counsel holding brief of Mr. Alok Dalakoti, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Pradeep Lohani, learned Brief Holder for the State.

As per the First Information Report, the applicants introduced the informant as owners/ partners of a Limited Company and expressed desire to sell 30% of the share of the said company to the informant. The informant transferred the amount, but subsequently it was revealed that the informant was shown forged documents.

Vide Order dated 04.12.2024, the applicants were granted interim bail. The relevant paragraph of the Order dated 04.12.2024 reads as under: -

“6. Having considered, as an ad- interim measure, till the next date of listing, in the eventuality of arrest, the applicants shall be released on bail subject to their furnishing a personal bond and two sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”), subject to the following: -

(i) The applicants shall not approach in any manner, whatsoever, any of the witness in the case.

(ii) They shall cooperate with the investigation.

(iii) They shall not leave the country without prior permission of the concerned court.

(iv) They shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. If any of the applicants does not have passport, he/ she shall give an undertaking to that effect to the AO.

(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.”

Mr. Pradeep Chamiyal, Advocate appearing for the applicants, has contended that the dispute between the parties is civil in nature. Applicants do not have any criminal antecedents. They are permanent residents of District Farrukhabad (Uttar Pradesh), therefore, there is no likelihood of their absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. G.S. Sandhu, Additional Advocate General appearing for the State, on instructions received from the Investigating Officer, submitted that the charge- sheet has been filed under Section 420 of the Indian Penal Code, 1860, and, the applicants are not required for custodial interrogation.

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 applications, filed under Section 438 of the Code of Criminal Procedure, 1973, are allowed and order dated 04.12.2024, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely, Ankush Srivastav & Smt. Priyanka Srivastav, they should 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 attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iii) 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.

A copy of this order be placed on the record of Anticipatory Bail Application No. 1050 of 2024.