Kuldeep Singh And Three Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking Anticipatory Bail under Sections 420 and 506 of the Indian Penal Code, 1860, in First Information Report No.863 of 2024, registered at Kotwali Jwalapur, District Haridwar.

As per the FI R dated 01.12.2024, the applicants had entered into an agreement to sell of a property with the informant, but, sale deed has not been executed. The applicants have executed another agreement with some other person.

Heard Mr. Pradeep Kumar Chauhan, learned counsel for the applicants and Mr. Pratiroop Pandey, learned AGA assisted by Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Pradeep Kumar Chauhan, Advocate, has contended that the applicants were ready and willing to execute the sale-deed, but, the inform ant has not fulfilled the part of his obligations in the agreement. The present dispute is civil in nature.

Mr. Pratiroop Pandey, learned AGA for the State, has opposed the Anticipatory Bail Application.

Vide order dated 18.12.2024, the applicants were granted interim bail by the coordinate Bench.

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 application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 18.12.2024, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely, Kuldeep Singh, Kuljit Singh, Jujhar Singh and Malagar Singh, 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.