Mohd. Asim Siddiqui vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Application has been filed for anticipatory bail in Case Crime No.51 of 2025, registered at Police Station Bhowali, District Nainital under Section 420 of the Indian Penal Code, 1860.

According to the First Information Report dated 11.08.2025, the co-accused made an agreement with the informant on 26.09.2023 to sell her property, but the sale-deed was not executed. The applicant was also involved in the said fraud.

Heard Mr. Vikas Anand, learned counsel for the applicant, Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent nos. 1 & 2 and Mr. B.M. Pingal, learned counsel for the respondent no.3.

Mr. Vikas Anand, Advocate, contended that the applicant had no role whatsoever in the entire dealing. He was only involved in convincing the co-accused to sell land to the informant since the applicant knew both the parties. He had not received any amount in the present matter. Applicant has no criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant was granted interim bail on 26.08.2025, and, the conditions of the interim bail have not been violated or misused by him.

Mr. Pratiroop Pandey, Assistant Government Advocate for the respondent nos. 1 & 2 and Mr. B.M. Pingal, Advocate for the respondent no.3, have opposed the anticipatory bail application.

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 26.08.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Mohd. Asim Siddiqui, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) 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.