Surendra Singh Bisht vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.354 of 2023, registered at Police Station Patel Nagar, District Dehradun under Section 420 of the Indian Penal Code, 1860.

As per the First Information Report dated 11.07.2023, the informant purchased a land from land owner Ram Swaroop Joshi on 06.08.2022. He gave Rs.25.00 lakh to the applicant as earnest money. An agreement to sell was executed between him and the applicant. He deposited Rs.2.00 lakh through RTGS in the bank account of the applicant on 26.08.2022. He gave Rs.3.00 lakh in cash to the applicant on 02.09.2022. Sale-deed was not executed despite assurance given by the applicant.

Supplementary affidavit dated 22.06.2025, filed by the applicant, is taken on record.

Heard Mr. Dinesh Chandra Dimri, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent nos.1 and 2.

Mr. Dinesh Chandra Dimri, Advocate, contended that the said allegations are completely false. Applicant had received only Rs.2.00 lakh from the informant to ensure meetings between the informant and the owner of the property. A registered sale-deed has already been executed by the owner of the property in favour of the informant and the property has also been mutated in the name of the informant.

Mr. Dinesh Chandra Dimri, Advocate, further submitted that the applicant is a permanent resident of Delhi, therefore, there is no chance of his absconding, and, he does not have any criminal antecedents.

Learned counsel for the State, on instruction, 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 Surendra Singh Bisht, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iv) 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.