Madan Lal 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 applicant-Madan Lal seeking anticipatory bail under Sections 318(4), 336(3), 338 and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.488 of 2024, registered at Police Station Kichha, District Udham Singh Nagar.

As per the FIR, the informant purchased a land from the present applicant on 21.12.2012 through a registered sale-deed. She was also given possession of the said land. At that time, the said land was recorded under Varg-I V land. The parties agreed that after the regularization of the said land, the sale-deed shall be executed in the name of the inform ant, but it has not been done.

Heard Mr. Mani Kumar, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Mani Kumar, Advocate, contended that the applicant has not sold any Varg-I V land. He sold his land through a registered sale-deed dated 21.12.2012 in favour of the inform ant. He was Bhumidhar with transferable rights.

Mr. Mani Kumar, Advocate, has further contended that the applicant, aged about 70 years, does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he was granted interim bail by the coordinate Bench of this Court on 08.01.2025. He never misused the conditions of the interim bail.

Mr. Pratiroop Pandey, learned A.G.A., submitted on instructions that no documentary evidence has been received by the Investigating Officer yet. However, he 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 circum stances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 08.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely, Madan Lal, 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.