Ashwani Kumar Mittal vs State Of Uttarakhand

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant seeking anticipatory bail under Sections 420, 406 and Section 120B of the Indian Penal Code, 1860 in Case Crime No.88 of 2021, registered at Police Station Dalanwala, District Dehradun.

As per the FIR, the co-accused agreed to sell a flat to the informant, but the sale-deed was not executed, as the co-accused Deepak Mittal had left the country, but he had executed a power of attorney in favour of the applicant, who is his father.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant and Mr. G.S. Sandhu, learned Addl. Advocate General assisted by Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Vaibhav Singh Chauhan, Advocate, contended that the applicant, aged about 76 years, has been falsely implicated in the present matter. He was not the party of the sale agreement. He was granted interim bail on 30.12.2024 by the Coordinate Bench of this Court. The conditions of the interim bail have not been violated by the applicant. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, and, charge- sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Objection has not been filed by the State. However, Mr. G.S. Sandhu, learned Additional 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 circum stances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circum stances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application, is allowed and the order dated 30.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely, Ashwani Kumar Mittal, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) 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.