Vinod Kumar And Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Second Anticipatory Bail Application has been filed by the applicants in Case Crime No.414 of 2025, registered at Police Station Manglaur, District Haridwar under Sections 318(4), 336(3), 338 and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023.

The First Anticipatory Bail Application (ABA No.640 of 2025) was dismissed as withdrawn on 19.06.2025 granting liberty to the applicants to file a fresh Anticipatory Bail Application.

According to the First Information Report dated 23.05.2025, one Iswar Dayal executed a registered agreement to sell dated 30.10.2024 in favour of the applicants showing himself to be the owner of the trust property. They have made the said agreement by deceit and fraud.

Heard Mr. Mohd. Safdar, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Mohd. Safdar, Advocate, contended that the name of the father of Iswar Dayal was recorded as a co-owner in the revenue records. He (Iswar Dayal) had executed the said registered agreement in favour of applicant no.2 and applicant no.4. The applicant no.1 and the applicant no.3 are the witnesses to the said agreement and prior to entering into the agreement to sell, the applicants had examined and verified the revenue records. Two cases are pending before the Consolidation Officer, Roorkee and one Civil Suit is pending before the Civil Court regarding the property-in-question. The entire dispute is of civil in nature. Applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding. They were granted interim bail on 08.07.2025, and, the conditions of the interim bail have not been violated by them.

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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 08.07.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Vinod Kumar, Naveen Giri, Rohit Giri and Prashant Sharma, 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 made clear 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.