Fatima vs State Of Uttarakhand

Alok Kumar Verma, J

This is the Second Anticipatory Bail Application.

The First Anticipatory Bail Application (ABA No.625 of 2023) was dismissed as withdrawn on 02.08.2023.

The Second Anticipatory Bail Application has been filed in Case Crime No.53 of 2023, registered at Police Station Clement Town, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860.

Heard Mr. Mohd. Safdar, learned counsel for applicant and Mr. Pratiroop Pandey, learned AGA for the State.

Mr. Mohd. Safdar, Advocate, submitted that the charge-sheet was filed on 03.09.2023 after dismissal of the first anticipatory bail application as withdrawn. Therefore, the applicant has filed the present anticipatory bail application in changed circumstances.

As per the First Information Report dated 17.05.2023, the informant entered into a purchase agreement with co-accused Sameer Kamyab, the son of the present applicant and her power of attorney holder. Money was transferred, but, subsequently, the informant came to know that the property belongs to some other person.

Mr. Mohd. Safdar, Advocate contended that the applicant, aged about 67 years, is the owner of the property-in-dispute. Her son had executed a sale-deed. The informant issued cheque. The cheque issued by the informant was dishonored. Not a single penny was paid to the applicant and no money has been deposited in her account.

Mr. Mohd. Safdar, Advocate, further submitted that the applicant was granted interim relief in Writ Petition (Criminal) No.1121 of 2023, filed by her to quash the First Information Report. The condition of the interim relief was not violated by her. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pratiroop Pandey, A.G.A., 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 Smt. Fatima, she 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 she 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 her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.