Noor Hasan vs State Of Uttarakhand

Alok Kumar Verma, J

This is the Second Anticipatory Bail Application.

The First Anticipatory Bail Application (ABA No.306 of 2025) was dismissed as withdrawn on 29.04.2025 granting liberty to the applicant to file a fresh anticipatory bail application.

This Application has been filed seeking anticipatory bail in Case Crime No.375 of 2024, registered at Kotwali Roorkee, District Haridwar under Sections 120B, 420, 467, 468, 471 and Section 506 of the Indian Penal Code, 1860.

As per the First Information Report dated 09.06.2024, the informant entered into an agreement with the applicant to purchase the property-in-question. The applicant made that agreement at a very high price.

Heard Ms. Sadaf, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Ms. Sadaf, Advocate appearing for the applicant submitted that the applicant is the owner of the property-in-question and he is still ready to sell the property to the informant. Applicant and the informant have settled their disputes. Applicant, aged about 60 years, has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He was granted interim bail on 08.05.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Chitrarth Kandpal, Brief Holder, has 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 08.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Noor Hasan, 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.