Pawan Kumar Gupta Alias Pawan Gupta vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant seeking anticipatory bail under Section 318 (4) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 9 of 2025, registered at Police Station Kaladhungi, District Nainital.

As per the First Information Report, the applicant had executed an agreement for sale of his land in favour of the informant, but he has sold his property to someone else.

Heard Ms. Reema Rana, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Ms. Reema Rana, Advocate, has contended that the applicant has not executed any agreement in favour of the inform ant and he has not received any amount from the inform ant. The dispute between the parties is purely civil in nature.

Ms. Reema Rana, Advocate, further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no chance of his absconding, and, he was granted interim bail on 28.02.2025 and the conditions of the interim bail have not been violated by him

Mr. Pratiroop Pandey, A.G.A., 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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 28.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Pawan Kumar Gupta alias Pawan Gupta, 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.