Jagdish Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant Jagdish Singh seeking anticipatory bail in Case Crime No. 87 of 2024, registered at Police Station Sitarganj, District Udham Singh Nagar under Sections 61(2)(a), 318(4) and Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 29.03.2025, the co-accused cheated the informant by luring him to sell the gold and they looted Rs.70,00,000/- from the informant on 27.03.2025.

Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. He is not named in the First Information Report. The name of the applicant has come to light only in the statements of the co-accused Gurmej Singh and Devraj Panchal. Applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. He was granted interim bail on 02.05.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application. However, he has submitted that apart from the statements of the co-accused, no other evidence has been found against the applicant.

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 02.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Jagdish Singh, 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.