Bharat Ram And Another vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.172 of 2025, registered at Police Station Jhabrera, District Haridwar under Sections 420, 467, 471 & 120B of the Indian Penal Code, 1860.

According to the First Information Report dated 23.05.2025, a sum of Rs.7,36,000/- (Seven Lakh Thirty Six Thousand) was sanctioned under the Pradhan Mantri Krishi Sinchai Yojana for boring by Electric Water Pump. The applicants and others violated the prescribed standards of the scheme and misused the Government funds.

Heard Mr. V.S. Chauhan, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for respondent.

Mr. V.S. Chauhan, Advocate appearing for the applicant submitted that the co-accused, the Junior Engineer, submitted a proposal at the Minor Irrigation Block, Haridwar on 07.05.2021 and after local verification, the boring installation work was carried out. Local farmers are benefitting from the scheme.

Mr. V.S. Chauhan, Advocate appearing for the applicants further submitted that the co-accused Shailendra Chauhan, the Junior Engineer has been granted anticipatory bail by this Court. Applicant no.1 is the Executive Engineer in Minor Irrigation Department and the applicant no.2 is a retired person from the Minor Irrigation Department, Roorkee, Haridwar. They have no criminal antecedents. Applicant no.1 is the Executive Engineer and the applicant no.2, aged about 64 years, is a permanent resident of District Dehradun, therefore, there is no chance of their absconding. They were granted interim bail on 27.06.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application.

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 Anticipatory Bail Application is allowed and the order dated 27.06.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Bharat Ram and Narendra Singh Barthwal, 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.