1245 HIGH COURT OF UTTARAKHAND AT NAINITAL TH E H ON ’ BLE SRI v. St at e of Ut t arakhand

Ms. Suraiya Naaz, Advocat e. Counsel for t he Respondent : Mr. Prat iroop Pandey, AGA wit h Mr. Pradeep Lohani, Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. Appr ehending t heir arrest , t he applicant s have filed t he pr esent Applicat ion under Sect ion 482 of t he Bharat iya Nagarik Surak sha Sanhit a, 2023 for grant of Ant icipat ory Bail under Sect ions 420, 467, 468, 471 and Sect ion 120B of t he I ndian Penal Code, 1860 in case bearing FI R No.19 of 2016 ( Crim inal Case No.665 of 2017 “ St at e vs. Jaideep Bohra and Ot her s” ) , regist er ed at Police St at ion Ranipokhari, Dist rict Dehradun. 2 . As per FI R, t he inform ant is t he owner and in possession of t he propert y in- quest ion. The co- accused Ashok Kum ar showing him self t he son of Harbansh Lal on t he basis of a forged deat h cert ificat e of Harbansh Lal and wit h t he help of officials of Tehsil recorded his nam e in t he revenue records and t her eaft er t he said propert y was sold 1 t o t he pr esent applicant s. 3 . Hear d Ms. Suraiya Naaz, lear ned counsel for t he applicant s and Mr. Prat iroop Pandey, learned AGA assist ed by Mr. Pradeep Lohani, learned Brief Holder t he respondent . 4 . Ms. Suraiya Naaz, Advocat e, appearing for t he applicant s, has cont ended t hat t he applicant s w er e not nam ed t he First I nform at ion Report . How ever, t he char ge- sheet ( No.37A of 2016) has been filed against t he applicant s on t he ground t hat t he fact s of t he case w er e wit hin t heir k now ledge. She has furt her ar gued t hat t he applicant s are innocent per sons. They have been falsely im plicat ed t he present m at t er. They ar e bona pur chasers. The disput e bet w een t he part ies is civil in nat ur e. Applicant s do not have any crim inal ant ecedent s. They are perm anent resident s of Dist rict Dehradun, t her efore, t here is no likelihood of t heir absconding. The char ge- sheet has already been filed, t herefore, t her e is no chance of t am pering wit h t he evidence. 5 . Mr. Prat iroop Pandey, lear ned AGA for t he St at e, has opposed t he Ant icipat ory Bail Applicat ion. How ever, he subm it t ed on inst ruct ion t hat t he applicant s are not required for cust odial int errogat ion. 6 . Per sonal libert y under Art icle 21 of t he Const it ut ion of I ndia is very pr ecious fundam ent al right and it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he 2 case. 7 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s and circum st ances of t he case, t he present applicat ion, filed under Sect ion 482 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant s, nam ely, Jaideep Singh Bohra, Surendra Singh Bohra, Pradeep Singh Bohra, Rohit Bohra, Anil Mohan Malla and Ram esh Singh Rawat , t hey should be released on ant icipat ory bail on execut ing a per sonal bond of Rs. 30,000/ - each and t wo r eliable sur et ies, each of t he like am ount , by each one of t hem , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - ( i) Applicant s shall at t end regularly unnecessar y adj ournm ent ; t hey t he t rial court ( ii) Applicant s shall not direct ly or indir ect ly m ake any inducem ent , t hreat or prom ise t o any per son, acquaint ed wit h t he fact s of t his case. ( iii) Applicant s shall not wit hout court . t he pr ev ious per m ission of t he count ry t rial t he 8 . I t is clarified t hat if t he applicant s m isuse or violat e any of t he condit ions, im posed upon t hem , t he concer ned aut horit y will be fr ee t o m ove t he Court for cancellat ion of t he ant icipat ory bail. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 21.02.2025 Pant / 3