Shamshad Ahmad vs State Of Uttarakhand

Alok Kumar Verma, J

This Application for anticipatory bail has been filed in Case Crime No.117 of 2024, registered at Police Station Pulbhatta, District Udham Singh Nagar under Section 420 of the Indian Penal Code, 1860 and Section 3 of the Uttarakhand Protection of Interests of Depositors (In Financial Establishments) Act, 2005.

An Anticipatory Bail Application No.1305 of 2025 was filed by the applicant before the Sessions Court. Learned Sessions Judge, Udham Singh Nagar has rejected the said Application on 14.11.2025.

According to the respondent, the applicant and three others were directors of Real Reliable Agroland Company Limited. On 17.10.2013, Balram Yadav, Baljit Singh and Vijay Sharma, the officers of the said Company, told the informant that if he invests in the said Company, his amount will be increased in six years. The informant had purchased several policies, but his money was not refunded. The First Information Report has been registered on 29.06.2024 against the applicant and six other co-accused.

Heard Mr. Pankaj Singh Chauhan, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. Pankaj Singh Chauhan, Advocate contended that all the allegations of the First Information Report against the applicant are false. The applicant resigned from the said Company on 11.02.2016 and his resignation was accepted by the Authority of Real Reliable Agroland Company Limited on 25.02.2016 (Annexure No.2). Applicant has not been convicted by any Court. He is a permanent resident of District Sambhal, Uttar Pradesh, therefore, there is no possibility of his absconding. He was not arrested during the investigation. Now, charge-sheet has been filed, therefore, there is no chance of tampering with the evidence, and, Irshad Ahmad and Smt. Yasmeen Khan, co-accused of similar role, have been granted anticipatory bail by this Court in Anticipatory Bail Application No.1257 of 2025.

Mr. Tumul Nainwal, Assistant Government Advocate has opposed the 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Shamshad Ahmad, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.