Mohd. Farid vs State Of Uttarakhand

Alok Kumar Verma, J

This Application for anticipatory bail has been filed in the First Information Report No.217 of 2022 (Criminal Case No.779 of 2023), “State vs. Ritu Raj Khanna and Others”, registered at Kotwali Dehradun, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860.

The Anticipatory Bail Application (No.1293 of 2025) of the applicant has been rejected by the learned Sessions Judge, Dehradun on 10.12.2025.

According to the First Information Report, a sale-deed of the property of M/s B.K. Construction was executed on 08.04.2022 based on forged documents.

Heard Mr. Shashi Kant Shandilya, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent.

Mr. Shashi Kant Shandilya, Advocate, has contended that the applicant, aged about 60 years, is the witness to the said sale-deed, which was executed by Ritu Raj Khanna in favor of Yogesh Kumar Bansal. Ritu Raj Khanna was the owner of the said property. However, the applicant came to know later that a civil suit is pending between the informant and Ritu Raj Khanna. Applicant was not arrested during the course of the investigation. He was granted interim relief in the petition, filed by him under Article 226 of the Constitution of India. Now, the charge-sheet has been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Moradabad (Uttar Pradesh), therefore, there is no possibility of his absconding, and, he has no criminal antecedents.

Mrs. Sweta Badola Dobhal, Brief Holder, 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 circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Mohd. Farid, 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 clarified 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.