Babli And Others vs State Of Uttarakhand And Others

Alok Kumar Verma,J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.1105 of 2024, registered at Police Station Manglaur, District Haridwar under Sections 305(a), 318(4), 324(4), 336(3), 338, 340(2) and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023.

As per the First Information Report dated 18. 12.2024, the co-accused Arun Tyagi was the owner of the property-in-question. He had agreed to sell six bigha land to the informant, out of which four bigha land was transferred to the informant, but the sale-deed of remaining two bigha land was not executed. The FIR records that two bigha land had already been transferred in the name of the applicant no.1 Smt. Babli, the wife of the co-accused Arun Tyagi.

Heard Mr. Deepak Petshali, learned counsel for applicants and Mr. Pratiroop Pandey, learned Assistant Government Advocate for respondent nos.1 and 2.

The First Anticipatory Bail Application (No.1308 of 2024) was dismissed for want of prosecution on 20.03.2025. Mr. Deepak Petshali, Advocate, submitted that the applicants could not contact him due to unavoidable circumstances.

Mr. Deepak Petshali, Advocate, submitted that the entire consideration was not been paid by the informant. The disputes between the parties are civil in nature. Applicants have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. They were granted interim bail on 28.04.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pratiroop Pandey, learned Assistant Government Advocate, has opposed the anticipatory bail application.

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 for anticipatory bail, is allowed and order dated 28.04.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Smt. Babli, Kurnal Tyagi and Nitesh Tyagi, 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.