Shamshad Ali vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Shamshad Ali seeking anticipatory bail in Case Crime No.346 of 2018, registered at Police Station Vikasnagar, District Dehradun under Sections 420, 467, 468, 471, 506 and Section 120B of the Indian Penal Code, 1860.

According to the First Information Report dated 01.08.2018, the applicant is a partner of M/S Mountain Construction Firm. Mohd. Salman, the co-accused, executed a registered agreement to sell dated 24.08.2017 in favor of the co-accused Sudhir Malik and the co-accused Mohd. Sameer Kamyab by showing a fake authority letter of the firm. Applicant is a witness to the said agreement.

Heard Mr. Abhishek Verma, learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent.

Mr. Abhishek Verma, Advocate, contended that the applicant was not the beneficiary of the alleged deed. He had not fabricated any document. The co-accused Mohd. Salman and the co-accused Sudhir Malik have already been granted regular bail by this Court. Applicant was not arrested during the course of the investigation. He was granted interim relief in the writ petition, filed by him under Article 226 of the Constitution of India to quash the First Information Report. Now, charge-sheet has been filed. Therefore, there is no chance of tampering with the evidence. Applicant is not a convicted person. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding.

Mr. Tumul Nainwal, learned Assistant Government Advocate, 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 Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Shamshad Ali, 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 made clear 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.