Ram Kishore vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant - Ram Kishore seeking anticipatory bail under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in Case Crime No.82 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar.

As per the First Information Report, the present applicant and co-accused Sant Lal have fraudulently siphoned of the amount of Rs.19,46,527/ - (Rupees Nineteen Lakh Forty Six Thousand Five Hundred Twenty Seven) from the pension account of the department.

Heard Mr. Vikas Kumar Guglani, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

Objection to the anticipatory bail application has not been filed.

Mr. Vikas Kumar Guglani, Advocate, contended that the applicant was working as peon in Nagar Nigam, Rudrapur. He was terminated from his service on 31.01.2012.

Mr. Vikas Kumar Guglani, Advocate, further submitted that the applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding, and, he was granted interim bail on 25.02.2025, and, the conditions of the interim bail have not been violated by him .

Mr. G.S. Sandhu, Additional 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, without commenting on the merits of the case, the present Application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 25.02.2025, granting interim bail to the applicant, is made absolute. I t is directed that in the event of arrest of the applicant Ram Kishore, he shall be released on 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.