Raj eev Kum ar Sharm a v. St at e of Ut t arakhand

: Mr. G.S. Sandhu, Addit ional Advocat e General assist ed by Mr. Deepak Bhardwaj , Brief Holder. 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 - Raj eev Kum ar Sharm a seeking ant icipat ory bail in Case Crim e No.135 of 2025, regist ered at Police St at ion Bahadarabad, Dist rict Haridwar under Sect ion 316( 4) of t he Bharat iya Nyaya Sanhit a, 2023. 2 . As per t he First I nform at ion Report dat ed

25.03.2025, t he applicant was working as in- charge in t he dispat ch depart m ent of Haridwar Pat anj ali Yogpeet h from 01.08.2010. The allegat ion against him is t hat product s wort h Rs.3,30,18,631/ - ( Rupees Three Crore Thirt y Lakh Eight een Thousand Six Hundred Thirt y One) 1 were m isappropriat ed by him . He had adm it t ed his guilt . He issued t hree cheques in favour of Pat anj ali Yogpeet h. 3 . Heard Mr. Bhuwan Bhat t , learned counsel for applicant and Mr. G.S. Sandhu, learned Addit ional Advocat e General for St at e. 4 . Mr. Bhuwan Bhat t , Advocat e, cont ended t hat t he said allegat ion of m isappropriat ion is false and fabricat ed. Applicant was appoint ed as Com put er Operat or t he Dispat ch Depart m ent of Pat anj ali Yogpeet h. He was assigned t he dut ies t o receive t he orders. He was not assigned any dut y for collect ion of any m oney. He was in illegal cust ody of t he officers of Pat anj ali Yogpeet h. He signed t he said cheques under com pulsion. The wife of t he applicant sent a m issing report t o t he Senior Superint endent of Police, Haridwar. Applicant approached t he Police St at ion Kankhal on

23.01.2025, but t he police refused t o regist er t he First I nform at ion Report . Thereaft er, applicant filed a com plaint before t he Court of Judicial Magist rat e, I I , Haridwar. I n t he said com plaint case ( Com plaint Case No.564 of 2025, “ Raj eev Kum ar Sharm a Vs. Ankur Gupt a and Ot hers” ) , t he learned Magist rat e has issued t he sum m ons t o t he accused persons. 2 5 . Mr. Bhuwan Bhat t , Advocat e, furt her subm it t ed t hat t he applicant does not have any crim inal ant ecedent s. He is a perm anent resident of Dist rict Haridwar, t herefore, t here is no possibilit y of his absconding. 6 . Mr. G.S. Sandhu, learned Addit ional Advocat e General, on t he ot her hand, on inst ruct ions subm it t ed t hat t he I nvest igat ing Officer is not going t o arrest t he applicant . However, he has 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, t he present Applicat ion, filed for ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant Raj eev Kum ar Sharm a, 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 3 following condit ions: - ( i) Applicant cooperat e wit h t he I nvest igat ing Agency shall m ake him self available 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 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. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 29.04.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F9 2, cn=NEHA BISHT 4