Kapil Rana vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant Kapil Rana seeking anticipatory bail in Case Crime No.111 of 2016 (Criminal Case No. 2935 of 2017), registered at Police Station Clement Town, District Dehradun under Sections 419, 420, 467, 468, 471, 506 and Section 120B of the Indian Penal Code, 1860.

As per the First Information Report dated 12.09.2016, Prem Singh Rana is the owner of the property-in-question. One Deepak Chaudhary and Devendra Chaudhary told the informant that Prem Singh Rana has executed a power of attorney deed in their favour. An agreement to sell was executed on the basis of the power of attorney deed. The informant gave them money from time to time. He (informant) later found out that the said power of attorney deed was a fake document.

Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Rajat Mittal, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. The Investigating Officer has filed the charge-sheet against the applicant without considering the fact that the applicant was only a witness to the power of attorney deed. He was not beneficiary of the alleged transaction. He was granted interim relief in the Writ Petition (Criminal) No. 1712 of 2016, filed under Article 226 of the Constitution of India to quash the First Information Report. He was also granted interim relief in Criminal Application, filed under Section 482 of the Code of Criminal Procedure, 1973. The said Application is still pending before this Court.

Mr. Rajat Mittal, Advocate, further submitted that the applicant has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pradeep Lohani, Brief Holder, has 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Kapil Rana, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) 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.