Darshan Singh And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail under Sections 420, 464, 465, 468 and Section 471 of the Indian Penal Code, 1860 in FIR No.293 of 2023 (Criminal Case No. 757 of 2024), registered at Police Station Sitarganj, District Udham Singh Nagar.

The said FIR has been lodged against 81 beneficiaries of Nanda Gaura Scheme in which the applicants and other 79 beneficiaries obtained benefits by submitting fake income certificates.

Heard Mr. B.M. Pingal, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. B.M. Pingal, Advocate, Advocate, contended that the applicants belong to “Tharu” community (Scheduled Tribes). They are labourers. The applicants did not submit any false income certificates. They were never arrested by the Investigating Officer during the course of investigation. They have no criminal antecedents. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pratiroop Pandey, A.G.A., on instructions, 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Darshan Singh and Kashmir Singh, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iii) 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.