Virendra Singh And Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants for anticipatory bail in Case Crime No.172 of 2025, registered at Police Station Jhabrera, District Haridwar under Sections 120B, 420, 467 & 471 of the Indian Penal Code, 1860.

According to the First Information Report dated 23.05.2025, a sum of Rs.7,36,000/- (Seven Lakh Thirty Six Thousand) was sanctioned under the Pradhan Mantri Krishi Sinchai Yojana for boring by Electric Water Pump. The said amount was misused.

Heard Mr. Faizan Ali, learned counsel for the applicants and Mr. Pratiroop Pandey, learned Assistant Government Advocate for respondent.

Mr. Faizan Ali, Advocate appearing for the applicants, submitted that the applicants are farmers. The Junior Engineer of Minor Irrigation Department had submitted a proposal and after local verification, the boring installation work was carried out. A departmental inquiry was conducted against the Junior Engineer. He was exonerated from the departmental inquiry. Applicants have not cheated anyone. Earlier to this, the informant was implicated pursuant to an FIR lodged on 19.12.2022 (FIR No.0837 of 2022, Police Station Jhabrera, District Haridwar) by one Jammal Singh, the Junior Engineer of Minor Irrigation Department, and being prejudiced, the informant moved an Application under Section 156(3) of the Code of Criminal Procedure, 1973, which was lodged and pursuant thereto the First Information Report has been lodged.

Mr. Faizan Ali, Advocate, appearing for the applicants, has further submitted that the applicants have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding. They were granted interim bail on 30.06.2025, and, the conditions of the interim bail have not been violated by them, and, Shailendra Chauhan, the Junior Engineer, Bharat Ram and Narendra Singh Barthwal have already been granted anticipatory bail by this Court.

Mr. Pratiroop Pandey, Assistant Government Advocate, has opposed the anticipatory bail application.

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 30.06.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Virendra Singh, Yashvir Singh, Karam Singh, Mainpal, Sukhveer Singh and Jasveer Singh, 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.