Jasvinder Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant seeking anticipatory bail in Case Crime No.24 of 2024, registered at Police Station Transit Camp, District Udham Singh Nagar under Sections 420, 467, 468, 471, 120B, 504 and Section 506 of the Indian Penal Code, 1860.

According to the First Information Report dated 29.01.2024, the co-accused Manjeet Singh dismantled the informant’s truck (Registration No.UA005-3266) and sold its parts as scrap and one canter (Registration No.UK006-CB0946) was misappropriated by him with the connivance of the present applicant.

Heard Mr. Saurabh Kumar Pandey, learned counsel for the applicant, Mr. Chitrarth Kandpal, learned Brief Holder for the respondent and Mr. Lalit Sharma, learned counsel for the informant.

Mr. Saurabh Kumar Pandey, Advocate, submitted that the applicant has been falsely implicated in the present matter. He was not involved in the alleged offence. He had not received any amount. The co-accused Manjeet Singh has already been granted regular bail by learned Sessions Judge, Rudrapur, District Udham Singh Nagar. Applicant has no criminal antecedents. He is a permanent resident of District Rampur, Uttar Pradesh, therefore, there is no likelihood of his absconding. He was granted interim bail on 17.02.2025, and, the conditions of the interim bail have not been misused by him.

Mr. Chitrarth Kandpal, Brief Holder for the respondent and Mr. Lalit Sharma, Advocate for the informant, have 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 17.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Jasvinder 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.