Rafeek Ahmad vs State Of Uttarakhand

Ravindra Maithani, J

Delay in filing objection is condoned. Objection is taken on record. Delay Condonation Application, IA No.1 of 2024, stands disposed of, accordingly.

Applicant seeks anticipatory bail in Case Crime No.262 of 2024, under Section 420 IPC, Police Station Rudrapur, District Udham Singh Nagar.

Heard learned counsel for the parties and perused the record.

According to the FIR, the informants were induced by the applicant and others that they would get 75% subsidies on purchase of tractors and under that garb, they took all their documents and required them to deposit Rs. 2 Lakhs. But, subsequently, neither they were given tractors nor money was returned.

Learned counsel for the applicant would submit that after 10 years, the FIR has been lodged. The finance company had already issued execution proceedings against the informants, in which arbitration took place in the year 2014, which was concealed in the FIR. The applicant has no role in the matter.

Learned State Counsel Admits that arbitration took place between the informants and the finance company in the year 2014.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the court concerned.

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.