Jitendra Singh Niranjan v. State of Uttarakhand

Mr. S.R.S. Gill, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed for anticipatory bail in Case Crime No.49 of 2025, registered at Kotwali Kotdwar, District Pauri Garhwal. Charge-sheet has been filed against the applicant for the offence punishable under Sections 61(2), 111(2), 111(3), 318(4), 336(3), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023, Section 3 read with Section 21 (3) of the Banning of Unregulated Deposit Schemes Act, 2019 and Section 3 of the Uttarakhand Protection of Interests of Depositors (In Financial Establishments) Act, 2005.

Heard Mr. S.R.S. Gill, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. S.R.S. Gill, Advocate, has submitted that as per the FIR, LUCC Society was managed by one Sarojini Bisht (co-accused) and Smt. Sonia Devi (co-accused) was 1 the partner. The informant deposited her amount with the said Society. Her amount was not returned by the Society. The co-accused have misappropriated her money.

Mr. S.R.S. Gill, Advocate, contended that the applicant was working as an agent of LUCC Society in District Lalitpur, Uttar Pradesh. He had no concern with the transactions of the said Society in the State of Uttarakhand. Applicant was not named in the First Information Report. There is no cogent evidence against the applicant in the present matter.

Mr. S.R.S. Gill, Advocate, contended that the applicant is not a convicted person. He is a permanent resident of District Jalaun, Uttar Pradesh, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, he was granted interim bail on

06.05.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application orally.

Personal liberty under Article 21 of 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 2 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 06.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Jitendra Singh Niranjan, 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 without court. leave the country the previous permission of the trial

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. Date: 28.10.2025 Shiv/ ___________________ ALOK KUMAR VERMA, J. 3