Devendra Bahuguna vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant-Devendra Bahuguna seeking anticipatory bail under Sections 120B, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in Case Crime No.373 of 2023, registered at Kotwali Dehradun, District Dehradun.

Heard Mr. Mohd. Matlub, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Mohd. Matlub, Advocate, submitted that the allegations are that the applicant and co-accused had prepared false sale-deeds/ title deeds and submitted the same to the Sub-Registrar Office, Dehradun. Mr. Mohd. Matlub, Advocate, submitted that the present applicant had executed the sale-deed as a power of attorney holder of the owner of the property named Makhan Singh. The co-accused Makhan Singh has admitted that he had executed a deed of power of attorney in favour of the present applicant. Seven co-accused including the co-accused Makhan Singh have been granted regular bail.

Mr. Mohd. Matlub, Advocate, further submitted that the applicant, aged about 81 years, is not a convict person. He is a permanent resident of District Dehradun. He was granted interim bail on 26.03.2025 and the conditions of interim bail have not been misused by him.

Mr. Pratiroop Pandey, learned A.G.A., 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 Application, filed for anticipatory bail, is allowed and order dated 26.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, named Devendra Bahuguna, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iv) 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.