Vishal Kumar vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed by the applicant Vishal Kumar seeking anticipatory bail in Case Crime No. 73 of 2023, registered at Police Station Rajpur, District Dehradun under Sections 120B, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.

Heard Mr. Amar Murti Shukla, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondents.

Mr. Amar Murti Shukla, Advocate, submitted that late Mange Ram, the father of the applicant, purchased the property-in-question from Smt. Swarup Kumari through a registered sale-deed dated 19.12.1978. He executed a will dated 17.12.2002 in favour of the present applicant. The present applicant sold the said property to Smt. Rekha Sharma through a registered sale-deed dated 30.08.2022. The daughter of Smt. Swarup Kumari is the informant of the present First Information Report. She had filed a Civil Suit for cancellation of the sale-deed dated 19.12.1978, will dated 17.12.2002 and the registered sale-deed dated 30.08.2022. The said Original Suit was decreed ex-parte against the present applicant. The applicant has filed an Application under Order IX Rule 13 of the Code of Civil Procedure, 1908. The said Application is still pending.

Mr. Amar Murti Shukla, Advocate, further submitted that the applicant is a permanent of District Muzaffarnagar (Uttar Pradesh), therefore, there is no possibility of his absconding. He is not a convicted person. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 22.05.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Pradeep Lohani, learned Brief Holder 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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 22.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Vishal Kumar, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) 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.