Tilom ani Bhat t v. St at e of Ut t arakhand and Ot hers

: Mr. Prem Prakash Bhat t , Advocat e. : Mr. Pradeep Lohani, Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. This Applicat ion has been filed by t he applicant-Tilom ani Bhat t for ant icipat ory bail in Case Crim e No.07 of 2025, regist ered at Police St at ion Reet ha Sahib, Dist rict Cham pawat under Sect ions 318( 4) , 338, 336( 3) and Sect ion 340( 2) of t he Bharat iya Nyaya Sanhit a, 2023. 2 . According t o t he First I nform at ion Report , a fake proposal was prepared by t he co- accused Bhuwan Chandra Bhat t for t he re- const ruct ion of drinking wat er pipeline. A sum of Rs.2,00,000/ - ( Rupees Two Lakh) was sanct ioned for t he said work. The co- accused Bhuwan Chandra Bhat t and t he present applicant 1 Tilom ani Bhat t em bezzled t he said am ount connivance wit h t he em ployees of t he Block Developm ent Office. 3 . Heard Mr. Prem Prakash Bhat t , learned counsel t he applicant and Mr. Pradeep Lohani, learned Brief Holder for t he respondent . 4 . Mr. Prem Prakash Bhat t , Advocat e, cont ended t hat t he drinking wat er pipeline repair schem e was approved by t he St at e Disast er Managem ent Fund. The t ot al cost of t he proj ect was est im at ed t o Rs.1,73,000/ - ( Rupees One Lakh Sevent y Three Thousand) . The ent ire work was com plet ed under t he supervision of Proj ect I m plem ent at ion Unit . Aft er com plet ion of work, t he co- accused Diwas Kum ar Pandey, t he Junior Engineer, prepared t he m easurem ent of t he schem e by m aking t echnical and physical inspect ion. The t hird part y verificat ion was also conduct ed and aft er duly com plet ion of all t he form alit ies, t he cheque of t he final bill was issued t o t he present applicant in t he m ont h of January, 2025. 5 . Mr. Prem Prakash Bhat t , Advocat e, has furt her subm it t ed t hat t he applicant , aged about 65 years, has not em bezzled any am ount of t he said schem e. He is a perm anent resident of Dist rict 2 Cham pawat , t herefore, t here is no possibilit y of his absconding. Charge- sheet has already been filed, t herefore, t here is no chance of t am pering wit h t he evidence. The co- accused Bhuwan Chandra Bhat t has already been grant ed regular bail by t his Court and t he co- accused Diwas Kum ar Pandey has been grant ed ant icipat ory bail by t his Court in t he Ant icipat ory Bail Applicat ion No.263 of 2025, and, applicant was grant ed int erim bail on 21.03.2025, and, t he condit ions of t he int erim bail have not been violat ed by him . 6 . Mr. Pradeep Lohani, learned Brief Holder, has opposed t he ant icipat ory bail applicat ion. 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

21.03.2025, 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 3 of t he applicant Tilom ani Bhat t , 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 shall at t end t he t rial regularly and he shall not seek any unnecessary adj ournm ent ; ( ii) 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; ( iii) 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. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 07.10.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0e 018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT +05'30' 4