Sanjay Singh Chaudhary And Another vs State Of Uttarakhand

Ravindra Maithani, J

Delay in filing objection is condoned. Objection is taken on record. Delay Condonation Application IA No.1 of 2024 stands disposed of, accordingly.

Applicants Sanjay Singh Chaudhary and Thakur Singh seek anticipatory bail in Case Crime No.0023 of 2023 (Criminal Case No.254 of 2024), under Sections 420 and 34 IPC, Police Station Jajar Dewal, District Pithoragarh.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicants visited District Pithoragarh to purchase a property. Subsequently, they told it to the informant that they have selected the property and the informant could also invest money in the dealing. The informant gave Rs. 16 Lakhs to the applicants, but later on, the informant realised that he has been cheated.

Learned counsel for the applicants would submit that the alleged incident took place in the year 2020, of which the FIR was lodged in the year 2023; the alleged transaction was made in Kashipur, whereas, the FIR has been lodged in District Pithoragarh; it is a civil dispute; there is no money transaction; merely it is submitted that money in cash was given.

Learned State Counsel would submit that the witnesses have supported the prosecution case during investigation. He would submit that the conversation of the parties is recorded; the money was given in cash; there is no online transaction.

The Court wanted to know from learned State Counsel as to weather is there any document written for the purpose? Learned State Counsel replies in negative.

Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned. In addition to it, the applicants shall also comply with the following conditions:-

(i) The applicants shall not approach any witness in any manner, whatsoever.

(ii) The applicants shall not leave the country without prior permission of the court concerned.

(iii) The applicants shall deposit their passports with the court concerned. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the court concerned.

(iv) The applicants shall also give an undertaking on (i) & (ii) above.