Mohd. Arif Khan 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.1 of 2024 stands disposed of, accordingly.

Applicant Mohd. Arif Khan seeks anticipatory bail in Case Crime No.303 of 2023, under Sections 120-B, 419, 420, 467, 468, 471 IPC, Police Station Dalanwala, District Dehradun.

Heard learned counsel for the parties and perused the record.

According to the FIR, there was a dispute with regard to an evacuee property. The High Court had directed for maintaining status quo with the directions that the Collector would hear the rival claims. The FIR records that the applicant and the co-accused, based on forged power of attorney, transferred various portion of the land. Those sale deeds were subsequently cancelled, but the occupants did not remove their possession. Therefore, under the direction of this Court, again, on 02.11.2023, the occupants were evicted from the property.

Learned counsel for the applicant would submit that the FIR is delayed; the SIT enquiry has given clean chit to the applicant; a civil suit has already been decreed in the favour of the applicant, of which a first appeal is still pending before this Court.

Learned State Counsel admits that there was a decree in favour of the applicant, of which a first appeal is pending. He would submit that the property was sold based on forged power of attorney.

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.