Praveen Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant-Praveen Kumar for grant of anticipatory bail under Sections 318(4), 336(3), 338 & Section 340(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.488 of 2024, registered at Police Station Kichha, District Udham Singh Nagar.

As per the First Information Report, the inform ant purchased a land from the co-accused Madan Lal on 21.12.2012. She was also given possession of the land. At that time, the said land was recorded under Varg IV. The parties agreed that after the regularization, the sale-deed shall be executed in the name of the informant, but it has not been done.

Heard Mr. Mani Kumar, learned counsel for applicant and Mr. Pratiroop Pandey, A.G.A. for the respondent.

Mr. Mani Kumar, Advocate submitted that the applicant has been falsely implicated in the present matter. He had not executed the sale-deed. He was not a witness of the sale-deed. Co-accused Madan Lal, brother of the applicant, had executed the said sale-deed of his ownership. He was Bhumidhar with transferable rights.

Mr. Pratiroop Pandey, A.G.A. has opposed the Anticipatory Bail Application orally.

Mr. Mani Kumar, Advocate further submitted that the applicant does not have any criminal antecedents. He is a perm anent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. He was granted interim bail on 08.01.2025. He never misused the conditions of the interim bail.

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 Application, filed for anticipatory bail, is allowed and order dated 08.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Praveen Kumar, 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.