Rajendra Kumar Nishad vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 1015 of 2023, registered at Police Station Manglaur, District Haridwar under Section 409 and Section 120B of the Indian Penal Code, 1860.

According to the First Information Report, lodged by the Chief Manager of Punjab National Bank, the present applicant, Branch Manager, his mother and his wife cheated the bank and caused a loss of Rs.1,18,00,000/- to the bank.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.

Mr. Lalit Sharma, Advocate, submitted that as per the Circular of the bank, the Branch Manager is authorized to avail overdraft facility. An amount of Rs.1,18,00,000/- was given to the mother and wife of the present applicant to avail overdraft facility and the applicant had informed to the higher officers regarding the said overdraft. Applicant has deposited the said amount, i.e. Rs. 1,18,00,000/- to the bank.

Mr. Lalit Sharma, Sharma, Advocate, submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Jalaun (Uttar Pradesh), therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicant was granted interim bail on 28.03.2025, and, the conditions of the interim bail have not been violated by him.

Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application.

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 28.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Rajendra Kumar Nishad, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) 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.