5133 TH E H ON ’ BLE SRI JUSTI CE A LOK K U v. Counsel for t he

Counsel for t he Respondent : Mr. G.S. Sandhu, Addit ional Nos.1 & 2 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. This Applicat ion has been filed by t he applicant- Karun Kaura for ant icipat ory bail in Case Crim e No.82 of 2022 ( Crim inal Case No.1289 of 2023) , regist ered at Police St at ion Mukhani, Dist rict Nainit al. 2 . According t o t he First I nform at ion Report dat ed 02.04.2022, t he applicant is t he Chief Managing Direct or of M/ s. Kaya Blenders and Dist illers Lt d. The inform ant was inform ed t hat he had been engaged as a dist ribut or in t he St at e of Ut t arakhand t o dist ribut e liquor product s. He deposit ed Rs.1.25 Lakh in t he Com pany’s bank account for regist rat ion. He furt her deposit ed Rs.30.00 Lakh t he Com pany’s bank account t hrough cheques, but he was sent a forged 1 Agreem ent dat ed 07.10.2020. 3 . Heard Mr. Raj at Mit t al, learned counsel for applicant and Mr. G.S. Sandhu, learned Addit ional Advocat e General for t he respondent nos.1 & 2. 4 . Mr. Raj at Mit t al, Advocat e cont ended t hat t he applicant is an aut horized signat ory of t he said com pany. The applicant ’s com pany and t he inform ant ent ered int o Ut t arakhand Sale Part nership Agreem ent Mem orandum of Underst anding on 05.08.2020. An addit ional agreem ent was also execut ed bet ween t hem on 28.09.2020. The t erm s and condit ions of t he Agreem ent / Underst anding were m ent ioned t herein. As per Clause 2 of t he Agreem ent cum MOU, t he inform ant was supposed t o pay t he rem aining am ount of Rs.20.00 Lakh wit hin t wo- t hree m ont hs from t he dat e of signing t he Agreem ent dat ed 05.08.2020, but he failed t o m ake such paym ent . The applicant ’s com pany invoked Arbit rat ion Clause 26 of t he Agreem ent cum MOU and has filed an arbit rat ion case before t he court of Dist rict Judge, Pat iala ( Punj ab) under Sect ion 9 of t he Arbit rat ion and Conciliat ion Act , 1996. 5 . Mr. Raj at Mit t al, Advocat e, furt her subm it t ed t hat t he applicant is a perm anent resident of Dist rict Pat iala, t herefore, t here is no likelihood of his 2 absconding. He is not a convict ed person. He was not arrest ed during t he course of t he invest igat ion. Charge- sheet has already been filed against t he applicant under Sect ion 420 of t he I ndian Penal Code, 1860, t herefore, t here is no chance of t am pering wit h t he evidence. 6 . Mr. G.S. Sandhu, Addit ional Advocat e General 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- Karun Kaura, 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: - 3 ( i) Applicant shall at t end t he t rial court 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. Dat e : 19.06.2025 JKJ/ Pant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. 4