Mahendra Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant-Mahendra Singh seeking anticipatory bail in Case Crime No.157 of 2025, registered at Police Station Jaspur, District Udham Singh Nagar under Sections 316(2), 316(5), 318(4), 336(3), 338, 340(2) and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 01.05.2025, the applicant and co-accused opened an account in Yes Bank in the name of the informant and they took a loan from that account.

Heard Mr. Prince Chauhan, learned counsel for applicant, Mr. Pradeep Lohani, learned Brief Holder for State and Mr. Mohit Kumar Kashyap, learned counsel for the informant.

Mr. Prince Chauhan, learned counsel for the applicant and Mr. Mohit Kumar Kashyap, learned counsel for the informant submitted that informant and the applicant have filed a compounding application before the coordinate Bench.

Mr. Prince Chauhan, learned counsel for the applicant further submitted that the applicant was granted interim bail on 09.05.2025 and the conditions of interim bail have not been violated by him.

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 09.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Mahendra 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.