Hemant Kumar Jha vs State Of Uttarakhand And Others

Ashish Naithani, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking anticipatory bail in connection with FIR/Case Crime No.144 of 2021 dated 19.04.2021, registered with Police Station Jhabrera, District Haridwar, for offences punishable under Sections 420, 467, 468, 471 and 120-B of IPC.

As per the prosecution case, the FIR was originally lodged on 19.04.2021 against the two unknown persons under Sections 420 and 120-B IPC. Subsequently, the investigation of the case was transferred to Crime Branch, Criminal Investigation Department (CBCID), Uttarakhand. During the course of investigation by the CBCID, gravity of allegations was reassessed and Sections 467, 468 and 471 IPC were added.

Heard Mr. Ashutosh Thakral, learned counsel for Applicant and Mr. Pankaj Joshi, learned A.G.A.for the State of Uttarakhand and perused the record.

Learned counsel for the Applicant submits that co-accused persons having similar role have already been granted anticipatory bail.

This fact is admitted by learned State Counsel.

Considering the facts and circumstances of the case, without expressing any opinion on the merits, Applicant-Hemant Kumar Jha is directed to be released on anticipatory bail, in the event of his arrest, on furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of Arresting Officer/concerned Court, subject to the following conditions:

(i) The Applicant shall cooperate with the investigation and shall appear before the Investigating Officer or Trial Court as and when required;

(ii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) The Applicant shall not leave the country without prior permission of the Trial Court.

(iv) The applicant shall deposit his passport with the Arresting Officer (AO). The passport may only be returned by the order of the Court concerned. In case the application does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) and

(iii) above.

It is clarified that if the Applicant misuses the liberty or violates any of the conditions imposed, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail.

Accordingly, Anticipatory Bail Application No.23 of 2026 stands disposed of.