Arun Agarwal vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Arun Agarwal seeks anticipatory bail in Case Crime No.0015 of 2024, under Sections 120-B, 420, 427, 467, 468, 471 IPC, Police Station Raiwala, District Dehradun.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant sold a property to the informant prescribing boundaries of the property, which was sold. Subsequently, the Government Authorities claimed that the property belongs to the Government. The informant has been cheated.

Learned counsel for the applicant would submit that the applicant had a share in the property; he was already the recorded tenure holder of the property; he sold the same property to the informant; the name of the informant was mutuated.

The informant is personally present before this Court. He would submit that he is a Doctor by profession and is leading his old age life in Rishikesh; he has given his hard earned money to the applicant, who has cheated him. He would submit that he has been dispossessed by the Government Authorities from his land.

The informant is also represented by his learned counsel. On being asked, he would submit that the applicant had a share in the property to the extent, which he sold to the informant. But, he would submit that the applicant has saved his property and sold some other property. He admits that the Khasra No. 195M was never partitioned.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on 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 court concerned.

(iv) The applicant shall deposit his passports 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.