Nafees vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Nafees seeking anticipatory bail in Case Crime No.382 of 2022, registered at Kotwali Roorkee, District Haridwar under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860.

Heard Mr. Gaurav Singh, learned counsel for applicant, Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent and Mr. Alok Kumar, learned counsel (through video conferencing) for informant.

Mr. Gaurav Singh, Advocate, submitted that the applicant could not contact his counsel due to unavoidable circumstances, therefore, the First Anticipatory Bail Application (ABA No.524 of 2024) was dismissed on 17.12.2024 in non-prosecution.

As per the First Information Report dated 11.05.2022, the property of the informant was sold to the applicant by impersonation. The applicant was a witness to the said sale-deed.

This fact is not disputed between the parties that a suit for cancellation of sale-deed was filed, in which compromise was filed and the sale-deed was cancelled, based on the compromise between the parties.

Mr. Gaurav Singh, Advocate, contended that the co-accused Anees has been granted regular bail by the coordinate Bench of this Court in Second Bail Application No.60 of 2025. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.

Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally.

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 Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Nafees, 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 for cancellation of the anticipatory bail.