Rashmi Saini And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 822 of 2024, registered at Police Station Bhagwanpur, District Haridwar under Sections 379, 420, 504 and Section 506 of the Indian Penal Code, 1860.

As per the First Information Report dated 08.11.2024, the applicant no.1 was the Treasurer of Shri Ram Welfare and Educational Trust. The applicant no.2 is the husband of the applicant no.1. The informant was the President of the said Trust. Shri Ram College of Education, Jalalpur Danda was run by the said Trust. The allegations against the applicants are that the applicant no.1 had issued receipt of fees to the students, but the amount was not deposited in the account of the College and both the applicants sold the iron rods and cement of the Trust without any authority.

Heard Mr. Bhuwan Bhatt, learned counsel for the applicants and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent.

Mr. Bhuwan Bhatt, Advocate, submitted that all the allegations are false. Applicant no.1 never received any fee from any students and the applicants had not sold the said articles. Prior to the present FIR, the mother of the applicant no.1 had lodged a report against the informant, therefore, the present FIR has been lodged against the applicants.

Mr. Bhuwan Bhatt, Advocate, further submitted that the applicants have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. They were granted interim bail on 06.01.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pratiroop Pandey, Assistant Government Advocate, 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 06.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Smt. Rashmi Saini and Umesh Chand, 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.