High CourtsSingle Bench

Puneet Sehgal vs State Of Uttarakhand

Uttarakhand High Court · Decided on 5 April 2025 · Citation: (2025) 04 UK CK 0772

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 420 · Constitution Of India, 1950 — Article 21
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 107 Of 2025
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Judgment

15 paragraphs · 514 words

Alok Kumar Verma, J

1.

The present Application has been filed by the applicant Puneet Sehgal seeking anticipatory bail in Case Crime No.8 of 2025, registered at Police Station Prem Nagar, District Dehradun.

2.

Heard Mr. Vikash Bahuguna, learned counsel for the applicant, Mr. Pratiroop Pandey, learned A.G.A. for the respondent and Mr. Ankur Sharma, learned counsel for the informant.

3.

Mr. Pratiroop Pandey, A.G.A., on instructions, submitted that the investigation is pending against the present applicant under Section 420 and Section 120B of the Indian Penal Code, 1860.

4.

Mr. Pratiroop Pandey, A.G.A., opposed the Application and submitted that the case of the informant is that the present applicant was not the owner of the property-in-question. He sold the property through a registered sale-deed dated 02.08.2022 in favour of the coaccused Aniket Kakkar and Lalit Kakkar.

5.

Mr. Ankur Sharma, Advocate, has also opposed the anticipatory bail application.

6.

Mr. Vikas Bahuguna, Advocate, contended that the applicant was the sole owner of the property-inquestion. His name was recorded in the revenue records. A Civil Suit has been filed by a relative (co-owner) of the informant, in which, the trial court has directed the parties to maintain status quo.

7.

Mr. Vikas Bahuguna, Advocate, has further submitted that the applicant is not a previous convict. He is a perm anent resident of District Dehradun, therefore, there is no possibility of his absconding, and, he was granted interim bail on 18.02.2025 and the conditions of the interim bail have not been violated by him.

8.

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.

9.

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 18.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely Puneet Sehgal, 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.

10.

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.