Bhuwan Chandra Joshi vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed by the applicant – Bhuwan Chandra Joshi for anticipatory bail in Case Crime No.250 of 2021 (Sessions Trial No.7 of 2022), registered at Kotwali Pithoragarh, District Pithoragarh under Sections 406, 420, 504, 506, 120B of the Indian Penal Code, 1860 and Section 3 of the Uttarakhand Protection of Interests of Depositors (in Financial Establishments) Act, 2005.

According to the First Information Report dated 04.12.2021, the applicant introduced himself to the informant as an agent of SBI Life and Royal Panther. He tempted him to get more dividend from the Royal Panther. The informant gave money for it. He (informant) received dividend but later he did not receive any dividend.

Heard Mr. Amit Kapri, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Amit Kapri, Advocate, contended that the applicant has been falsely implicated in the present matter. He is an agent of SBI Life, but, he is not an agent of Royal Panther, which is a company. Applicant has not received any money from the informant. All the transactions were made with the said company. Therefore, the applicant cannot held responsible for any illegal act, if any, of the said company.

Mr. Amit Kapri, Advocate, further submitted that the applicant is not a convicted person. He is a permanent resident of District Pithoragarh, therefore, there is no possibility of his absconding. All the documentary evidence were in the possession of the Investigating Officer. The Investigating Officer has filed a charge-sheet before the concerned court, therefore, there is no chance of tampering with the evidence. Applicant was not arrested during the course of the investigation, and, two co-accused have already been granted regular bail by this Court.

Mr. Pradeep Lohani, Brief Holder for the State, 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Bhuwan Chandra Joshi, 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.