Ram Prakash Gupta vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed by the applicant Ram Prakash Gupta seeking anticipatory bail in Case Crime No. 74 of 2025, registered at Police Station Nehru Colony, District Dehradun under Section 409 and Section 420 of the Indian Penal Code, 1860.

According to the First Information Report, the allegations against the present applicant are that he had spent the amount in some other work inspite of spending on the work allocated by the Uttar Pradesh Rajkiya Nirman Nigam Ltd., due to which the department has suffered a loss of Rs.159.85 Lakh.

Heard Mr. Rakshit Joshi, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondents.

Mr. Rakshit Joshi, Advocate, contended that the applicant, aged about 71 years, has been falsely implicated in the present matter. He had not misused any amount. He retired in the year, 2011. He is not a previous convict. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, and, he was granted interim bail on 23.04.2025, and, the conditions of the interim bail have not been violated by him.

Objections to the anticipatory bail application have not been filed by the respondents. Mr. Pradeep Lohani, Brief Holder, 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 Anticipatory Bail Application is allowed and the order dated 23.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Ram Prakash Gupta, 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.

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.