Fool Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant – Fool Kumar seeking anticipatory bail in Case Crime No. 757 of 2024, registered at Kotwali Jwalapur, District Haridwar under Sections 406, 420, 504 and Section 506 of the Indian Penal Code, 1860.

As per the First Information Report dated 03.10.2024, the informant was induced by the applicant to give money so that he (informant) may get a contract. He (informant) gave him Rs.2,27,000/-, but neither the contract was given nor the money was returned.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, for the applicant contended that the applicant had never ensured the informant to provide any tender. The said amount was not deposited in the bank account of the applicant. He has not taken any money from him (informant).

Mr. Gaurav Singh, Advocate, further submitted that applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He was granted interim bail on 09.12.2024, and, the conditions of interim bail have not been violated by him.

Mr. Pradeep Lohani, learned Brief Holder for the State 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 09.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Fool Kumar, 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.