Ravi Kumar & 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. 613 of 2024, registered at Police Station SIDCUL, District Haridwar under Section 406 and Section 420 of the Indian Penal Code, 1860.

According to the First Information Report dated 26.11.2024, the applicants induced the informant to invest in one M/S ST Traders and Financial Services, assuring high returns. The informant deposited the money, but he was not given assured returns.

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

Mr. Rajveer Singh, Advocate, contended that in fact, the applicants themselves had invested in the company. They were cheated by the said company. Mr. Rajveer Singh, Advocate has referred to Annexure No.4 and Annexure No.5 to the anticipatory bail application in support of his contentions.

Mr. Rajveer Singh, Advocate further submitted that the applicants are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. They were granted interim bail on 18.02.2025, 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 18.02.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Ravi Kumar and Tarun Kumar, 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.