Satyapal Singh vs State Of Uttarakhand & Others

Ravindra Maithani, J

Applicant Satyapal Singh seeks anticipatory bail, in Case Crime/FIR No. 255 of 2022, under Sections 420 & 406 of IPC, Police Station Bahadrabad, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, the informant executed a registered agreement with the applicant and paid Rs. 16 lakhs. But, subsequently, the applicant denied to deliver the possession.

Learned counsel for the applicant would submit that it is a purely civil case without any element of criminality. Even otherwise, it is argued that it was Rs. 33 lakhs, which the applicant had taken from the informant, but, now the money has been returned and parties have entered into a settlement.

Learned State Counsel admits it.

Having considered the submissions, this Court is of the view that this is a case in which the applicant 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 applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 20,000/- with two sureties, each in the like amount, to the satisfaction of the Investigating Officer (“IO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness/victim in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the concerned court.

(iv) The applicant shall deposit his passport with the Investigating Officer (“IO”). The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.