Virendra Singh And Another vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking anticipatory bail under Sections 420, 467, 468, 471, 120B, 504 and Section 506 of the Indian Penal Code, 1860 in Complaint Case No.391 of 2022, pending before the Court of Judicial Magistrate/ Civil Judge (Junior Division), Doiwala, District Dehradun.

As per the complaint, the applicants prepared forged receipt book in the name of Arya Samaj, Doiwala and collected the rent from the tenants.

Heard Mr. Shivam Gulati, learned counsel holding brief of Mr. Shubhr Rastogi, learned counsel for applicants and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Pradeep Lohani, learned Brief Holder for State.

Mr. Shivam Gulati, Advocate, submitted that the applicants have been falsely implicated in the present matter. The actual dispute is regarding the executive committee of the Arya Samaj, Doiwala, Dehradun. The applicant no.1 was appointed as Up-Pradhan and applicant no.2 was appointed as intimate member of the executive committee of the Arya Samaj, Doiwala, due to which, the present applicants have been implicated in the present matter.

Mr. Shivam Gulati, Advocate, further submitted that the applicants were granted interim bail by the coordinate Bench of this Court on 12.12.2024. The conditions of the interim bail have not been violated by the applicants. Applicants are permanent resident of District Dehradun, therefore, there is no likelihood of their absconding, and the applicants do not have any criminal antecedents.

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 circum stances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 12.12.2024, granting interim bail to the applicants, are made absolute. It is directed that in the event of the arrest of the applicants, namely, Virendra Singh and Bobby 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 Investigating Officer/ Arresting Officer, subject to the following conditions: -

(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iii) 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 complainant will be free to move the Court for cancellation of the anticipatory bail.