Mohd. Ali vs State Of Uttarakhand

Ravindra Maithani, J

Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application IA No.2 of 2024 stands disposed of, accordingly.

Applicant Mohd. Ali seeks anticipatory bail in Case Crime No.249 of 2023, under Section 420 IPC, Police Station Pulbhatta, District Udham Singh Nagar.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant had agreed to sell a property of the informant, but subsequently, it was revealed that the property was not recorded in the name of the applicant.

Learned counsel for the applicant would submit that he has never cheated the informant; the property was on Government land and it is so written in the agreement that the applicant is in possession of the property; he never claimed the ownership of the property; the applicant is ready and willing to execute the sale deed, but, it is the informant, who is not honouring his part of promise on the agreement.

Learned counsel for the informant would submit that the property is on Government land.

Learned State Counsel would submit that the Government land was agreed to be sold by the applicant.

The Court wanted to know from learned counsel for the informant as to whether the agreement records that the applicant is owner? She would submit that the agreement records that the applicant was in possession of the property.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the court concerned.

(iv) The applicant shall deposit his passports with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.