Sandeep Kumar And Two Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.2 of 2017, registered at Police Station Kaliyar, District Haridwar under Section 420 and Section 120 B of the Indian Penal Code, 1860.

As per the First Information Report, while granting loan, rules were violated and irregularities were committed.

Heard Mr. Bharat Singh, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the respondent no.1.

There is no representation on behalf of the respondent no.2.

Mr. Bharat Singh, Advocate submitted that the applicants have been falsely implicated in the present matter. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. Applicants have no criminal antecedents. They were not arrested during the course of the investigation. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicants were granted interim bail on 10.01.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pratiroop Pandey, A.G.A. 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 10.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Sandeep Kumar, Sompal Singh and Bhanupratap, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iii) 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.