Vijay Kumar And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed for anticipatory bail in Case Crime No. 638 of 2024, registered at Police Station Bhagwanpur, District Haridwar under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.

Heard on the Amendment Application (IA No.1 of 2025).

Amendment Application (IA No.1 of 2025) has not been opposed by the respondent.

Amendment Application (IA No.1 of 2025) is allowed.

Mr. Mohd. Safdar, Advocate, has sought two days’ time to file an amended memo of cause title.

Time is granted.

As per the First Information Report dated 14.08.2024, the applicants and three other named co-accused had taken Rs.4,50,000/- from the informant and given him a fake appointment letter dated 29.08.2022.

Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Mohd. Safdar, Advocate, submitted that all the allegations of the FIR are totally false and baseless. Applicants had never received any amount from the informant. Not a penny was deposited by the informant in the bank accounts of the applicants. Applicants never gave the alleged appointment letter. Applicants are permanent residents of District Haridwar, therefore, there is no possibility of their absconding.

Mr. Chitrarth Kandpal, 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 applicants Vijay Kumar, Ajay Kumar and Renu Nautiyal, they shall be released on anticipatory bail on executing a personal bond of Rs.30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.