Mohd. I kram vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Mohd. Ikram seeking anticipatory bail in Case Crime No.377 of 2024, registered at Police Station Vikasnagar, District Dehradun.

As per the FIR, the co-accused Lakhan Singh is a member of Scheduled Caste. He fraudulently transferred his land in favour of the informant. Lakhan Singh received Rs.8,83,23,500/ -(Rupees Eight Crore Eighty Three Lakh Twenty Three Thousand Five Hundred) from the informant. After the said transfer, the applicant and the other co-accused cheated the inform ant and purchased the said land.

Heard Mr. Rajat Mittal, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for State.

Mr. Pradeep Lohani, learned Brief Holder appearing for the State, submitted on instructions that the investigation is pending against the present applicant under Sections 420, 120B, 504 and Section 506 of the Indian Penal Code, 1860.

Mr. Rajat Mittal, Advocate, contended that the present applicant had not executed any agreement with the informant. Applicant was not the witness of the agreement, executed between the informant and the co-accused Lakhan Singh. He has not forged any document. The alleged offences are civil in nature. Applicant is not a previous convict. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding.

Mr. Pradeep Lohani, learned Brief Holder appearing for the State, 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, named, Mohd. Ikram, 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 or cancellation of the anticipatory bail.