Ashok Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant seeking anticipatory bail under Section 120B and Section 420 of the Indian Penal Code, 1860 in Case Crime No.71 of 2024, registered at Kotwali Roorkee, District Haridwar.

As per the FIR, the informant had purchased a property from the co-accused Smita Arya, but subsequently, she came to know that Smt. Smita Arya was not the owner and under a conspiracy, the sale-deed was executed in her favour. She has been cheated.

Heard Mr. Akshay Pradhan, learned counsel for the applicant and Mr. G.S. Sandhu, learned Addl. Advocate General for the State.

Mr. Akshay Pradhan, Advocate, contended that the applicant, aged about 60 years, has been falsely implicated in the present matter. Applicant purchased a piece of land from one G.S. Rawat through a registered sale-deed dated 29.11.2011. Applicant sold a portion of the said land to one Smt. Smita Arya through a registered sale-deed dated 17.04.2013. The possession of the said plot was handed over to Smt. Smita Arya at the time of the sale-deed and her name was subsequently mutated in the revenue record. Smt. Smita Arya sold the said land to the inform ant through a registered sale-deed dated 13.10.2021.

Mr. Gaurav Singh, Advocate, further submitted that the applicant is a perm anent resident of District Haridwar, therefore, there is no chance of his absconding, and, he does not have any criminal antecedents. Applicant was granted interim bail by the Coordinate Bench on 02.01.2025 and the conditions of the interim bail have not been violated by the applicant.

Mr. G.S. Sandhu, Addl. Advocate General, 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 application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 02.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Ashok Kumar, 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.