Rajesh Sharma And Three Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking Anticipatory Bail under Sections 120B, 420, 504 & 506 of the Indian Penal Code, 1860 in Case Crime No.11 of 2025, registered at Police Station Patel Nagar, District Dehradun.

As per the First Information Report dated 05.01.2025, a Kitty was being operated by the applicants with the informant since 01.08.2015. Applicants have taken Rs.15.00 Lakh from the informant, which they are not returning.

Heard Ms. Sukhwani Singh, learned counsel holding brief of Mr. Parikshit Saini, learned counsel for the applicants and Mr. G.S. Sandhu, learned Addl. Advocate General for the respondent.

Ms. Sukhwani Singh, Advocate submitted that the applicants have been falsely implicated in the present matter. The said amount i.e. Rs.15.00 Lakh was not given to the applicants. Applicants do not have any criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no chance of their absconding. They were granted interim bail on 10.01.2025, and, the conditions of interim bail have not been misused by them.

Mr. G.S. Sandhu, Addl. Advocate General for the State, has opposed the anticipatory 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, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants, namely, Rajesh Sharma, Smt. Sarita Sharma, Ms. Neha Sharma and Smt. Meenakshi Arora, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.