Mohd. Kaleem v. St at e of Ut t arakhand

Mr. Gaurav Singh, Advocat e. Mr. G.S. Sandhu, Addl. Advocat e General assist ed by Mr. Deepak Bhar dwaj , Brief Holder. Counsel for t he I nform ant : Mr. Mohd. Safdar, Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion has been filed by t he applicant- Mohd. Kaleem seeking ant icipat ory bail in Case Crim e No.85 of 2025, regist ered at Police St at ion Ranipur, Dist rict Haridwar under Sect ions 120B, 420, 467, 468, 471, 504 and Sect ion 506 of t he I ndian Penal Code, 1860. 2 . According t o t he First I nform at ion Report , t he propert y- in- quest ion was sold by t he applicant t o t he inform ant t hrough a regist ered sale- deed, while t he applicant was not t he owner of t he said propert y. 3 . Heard Mr. Gaurav Singh, learned counsel for 1 t he applicant , Mr. G.S. Sandhu, learned Addit ional Advocat e General for t he St at e and Mr. Mohd. Safdar, learned counsel for t he inform ant . 4 . Mr. Gaurav Singh, Advocat e, cont ended t hat t he applicant had sold t he propert y- in- quest ion t hrough t he regist ered sale- deed t o t he inform ant . One Mohd. Faj il filed a Civil Suit ( O.S. No.406 of 2024) against t he present applicant and t he inform ant wit h t he allegat ions t hat t he propert y- in- quest ion was j oint propert y and wit hout part it ion t he applicant sold som e part t o t he inform ant . The inform ant of t he present m at t er being defendant no.2 in t he said original suit appeared and filed his writ t en st at em ent , wherein he st at ed t hat he purchased t he land- in- quest ion from t he applicant , t hereaft er, his nam e was m ut at ed and t he said propert y is in his lawful possession. 5 . Mr. Gaurav Singh, Advocat e cont ended t hat t he applicant has been falsely im plicat ed in t he present m at t er. He is not a previous convict . He is a perm anent resident of Dist rict Haridwar, t herefore, t here is no chance of his absconding. He was grant ed int erim bail on 19.03.2025, and, condit ions of t he int erim bail have not been violat ed by him . 6 . Mr. G.S. Sandhu, Addl. Advocat e General has 2 opposed t he ant icipat ory bail applicat ion orally. 7 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right 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 case. 8 . 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, wit hout com m ent ing on t he m erit s of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed and order dat ed

19.03.2025, grant ing int erim bail t o t he applicant , is m ade absolut e. I t is direct ed t hat in t he event of arrest of t he applicant- Mohd. Kaleem , he shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo reliable suret ies, each of t he like am ount , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - ( i) Applicant cooperat e wit h t he I nvest igat ing Agency shall m ake him self available for int errogat ion by a police officer as and when required; ( ii) I f t he charge- sheet is filed, t he applicant shall at t end t he t rial court regularly and he shall 3 not seek any unnecessary adj ournm ent ; ( iii) Applicant shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case. ( iv) Applicant shall not leave t he count ry wit hout t he previous perm ission of t he t rial court . 9 . I t is m ade clear t hat if t he applicant m isuses or violat es any of t he condit ions, im posed upon him , t he prosecut ion agency will be free t o m ove t he Court for cancellat ion of t he ant icipat ory bail. Dat e: 30.04.2025 JKJ/ Pant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. 4