Shankar Chandra Singh vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Shankar Chandra Singh seeking anticipatory bail in Case Crime No.231 of 2023 (Criminal Case No.1130 of 2024), registered at Police Station Kashipur, District Udham Singh Nagar under Section 420 of the Indian Penal Code, 1860.

As per the First Information Report dated 11.05.2025, the applicant told the informant that he will get his son a job. He took Rs.6,65,000/- (Six Lakh Sixty Five Thousand) from the informant. But, he did not get his son any job.

Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Lalit Sharma, Advocate, submitted that the applicant has been falsely implicated in the present matter. All the allegations are totally false. Applicant, aged about 71 years, is a permanent resident of District Nainital. He was not arrested during the course of the investigation. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicant does not have any criminal antecedents.

Mr. Pradeep Lohani, Brief Holder 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Shankar Chandra Singh, 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.