Praveen Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant seeking anticipatory bail in Case Crime No.527 of 2024, registered at Kotwali Jwalapur, District Haridwar under Section 420 of the Indian Penal Code, 1860.

Heard Mr. Pawan Mishra, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

Mr. Pawan Mishra, Advocate, submitted that as per the First Information Report dated 20.06.2024, the informant deposited Rs.5,33,475/- (Rupees Five Lakh Thirty Three Thousand Four Hundred Seventy Five) in the bank account of the Company, namely, Shop Cruze for online shopping, but the co-accused Shiv Kumar Sharma and Rahul Kapoor committed the fraud with him and they have grabbed his hard earned money.

Mr. Pawan Mishra, Advocate, contended that the applicant was the sleeping partner of the said firm, therefore, he has been implicated in the present matter by the Investigating Officer, whereas, he is not named in the First Information Report.

Mr. Pawan Mishra, Advocate, further submitted that the applicant is a permanent resident of South Delhi, therefore, there is no possibility of his absconding. He has no criminal antecedents. He was granted interim bail on 05.05.2025, and, the conditions of the interim bail have not been violated by him.

Mr. G.S. Sandhu, learned Additional Advocate General for the State has opposed the 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 05.05.2025, 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.