Vinod Kum ar and Ot hers v. St at e of Ut t arakhand

Mr. Mohd. Safdar, 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 Second Ant icipat ory Bail Applicat ion has been filed by t he applicant s in Case Crim e No.414 of 2025, regist ered at Police St at ion Manglaur, Dist rict Haridwar under Sect ions 318( 4) , 336( 3) , 338 and Sect ion 340( 2) of t he Bharat iya Nyaya Sanhit a, 2023. 2 . The First Ant icipat ory Bail Applicat ion ( ABA No.640 of 2025) was dism issed as wit hdraw n on

19.06.2025 grant ing libert y t o t he applicant s t o file a fresh Ant icipat ory Bail Applicat ion. 3 . According t o t he First I nform at ion Report dat ed

23.05.2025, one I swar Dayal execut ed a r egist ered agreem ent t o sell dat ed 30.10.2024 favour of t he applicant s showing him self t o be t he ow ner of t he t rust propert y. They have m ade t he said agr eem ent by deceit and fraud. 1 4 . Heard Mr. Mohd. Safdar, learned counsel for applicant s and Mr. Pradeep Lohani, learned Brief Holder for t he St at e. 5 . Mr. Mohd. Safdar, Advocat e, cont ended t hat t he nam e of t he fat her of I swar Dayal was recorded as a co- owner in t he revenue records. He ( I swar Dayal) had execut ed t he said regist ered agreem ent in favour of applicant no.2 and applicant no.4. The applicant no.1 and t he applicant no.3 are t he wit nesses t o t he said agreem ent and prior t o ent ering int o t he agreem ent t o sell, t he applicant s had exam ined and verified t he revenue records. Two cases are pending before t he Consolidat ion Officer, Roorkee and one Civil Suit is pending before t he Civil Court regarding t he propert y- in- quest ion. The ent ire disput e is of civil in nat ure. Applicant s do not have any crim inal ant ecedent s. They are perm anent resident s of Dist rict Haridwar, t herefore, t here is no chance of t heir absconding. They were grant ed int erim bail on 08.07.2025, and, t he condit ions of t he int erim bail have not been violat ed by t hem . 6 . Mr. Pradeep Lohani, Brief Holder 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 2 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 Ant icipat ory Bail Applicat ion is allowed and t he order dat ed 08.07.2025, grant ing int erim bail t o t he applicant s, is m ade absolut e. I t is direct ed t hat in t he event of arrest of t he applicant s Vinod Kum ar, Naveen Giri, Rohit Giri and Prashant Sharm a, t hey 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 , by each one of t hem , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - wit h cooperat e t hey t he ( i) Applicant s I nvest igat ing Agency and shall m ake t hem selves 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 s shall at t end t he t rial court regularly and t hey shall not seek any unnecessary adj ournm ent ; ( iii) Applicant s 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 s 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 s m isuse or violat e any of t he condit ions, im posed upon t hem , 3 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: 12.08.2025 Pant / _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. 4