Heena Tyagi And Another vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.310 of 2024, registered at Police Station SIDCUL, District Haridwar under Sections 406, 420, 468 and Section 506 of the Indian Penal Code, 1860.

According to the First Information Report dated 19.06.2024, the co-accused Vikas Narang and Geeta Narang took Rs.6,14,06,500/-(Rupees Six Crore Fourteen Lakh Six Thousand Five Hundred) from the informant from time to time to induct him as a partner of 50% share in their firm M/S Sarswati Printers. But, he was neither inducted as a partner nor was his money returned. The applicant no.1 was inducted as a partner in the said firm on 16.09.2022

Mr. Ramji Shrivastava, Advocate contended that the allegations of the First Information Report are completely false. The applicant no.2 is the husband of the applicant no.1. They have not received any money from the informant. They are permanent residents of Bangaluru (Karnataka), therefore, there is no likelihood of their absconding. They do not have any criminal antecedents. They were granted interim bail on 22.05.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pradeep Lohani, Brief Holder and Mr. Vaibhav Singh Chauhan, Advocate have 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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 22.05.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Heena Tyagi and Neeraj Jha, 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 cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

(iv) 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.