Moham m ad Saj id v. St at e of Ut t arakhand and Ot hers

Mr. Aj ay Veer Pundir, Advocat e. Counsel for t he Respondent : Nos.1 and 2 Mr. Chit rart h Kandpal, 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- Moham m ad Saj id seeking ant icipat ory bail in FI R No.35 of 2022, regist ered at Police St at ion Clem ent Town, Dist rict Dehradun under Sect ions 420, 467, 468, 471 and Sect ion 120B of t he I ndian Penal Code, 1860. 2 . The First Ant icipat ory Bail Applicat ion ( ABA No.231 of 2022) was dism issed on 18.03.2025 for want of prosecut ion. 3 . Heard Mr. Aj ay Veer Pundir, learned counsel for t he applicant and Mr. Chit rart h Kandpal, learned Brief Holder for t he respondent nos.1 and 2. 4 . Mr. Aj ay Veer Pundir, Advocat e, subm it t ed 1 t hat as per t he FI R dat ed 17.03.2022, one Madhu Sudhan Bim bet was t he owner of t he propert y- in- quest ion. He died on 19.01.2019. The inform ant is t he real sist er of lat e Madhu Sudhan Bim bet . The co- accused Raj endra Singh fabricat ed a forged will of lat e Madhu Sudhan Bim bet . The nam e of t he inform ant is recorded in t he revenue records. The present applicant and six ot her nam ed accused want t o grab t he propert y of t he inform ant ’s brot her. 5 . Mr. Aj ay Veer Pundir, Advocat e, cont ended t hat t he allegat ions of t he FI R are absolut ely false and baseless. Applicant was t he Pairokar of Raj endra Singh ( co- accused) . Several civil lit igat ions are pending before t he co- accused Raj endra Singh and t he inform ant . Applicant has no concern wit h t he alleged will. He is not t he beneficiary and he is not claim ing any right over t he propert y- in- quest ion. I nform ant has falsely im plicat ed t he applicant in t he present case only because t he present applicant is t he Pairokar of t he co- accused Raj endra Singh. The disput es bet ween t he co- accused Raj endra Singh and t he inform ant are purely civil in nat ure. This Court grant ed int erim bail t o t he applicant on 30.09.2022 in t he First Ant icipat ory Bail Applicat ion. Aft er t he order dat ed 30.09.2022, 2 applicant could not cont act his counsel, t herefore, t he First Ant icipat ory Bail Applicat ion was dism issed for want of prosecut ion. 6 . Mr. Aj ay Veer Pundir, Advocat e, furt her subm it t ed t hat t he applicant is not a convict ed person. He is a perm anent resident of Dist rict Dehradun, t herefore, t here is no possibilit y of his absconding, and, charge- sheet has already been filed, t herefore, t here is no chance of t am pering wit h t he evidence. 7 . On t he ot her hand, Mr. Chit rart h Kandpal, learned Brief Holder, has opposed t he ant icipat ory bail applicat ion orally. However, subm it t ed inst ruct ions t hat t he charge- sheet has already been filed, t herefore, t here is no requirem ent of cust odial int errogat ion of t he applicant . 8 . 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. 9 . 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 3 ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant Moham m ad Saj id, 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 . 1 0 . 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 : 30.07.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d 27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE48 7B2FE0F92, cn=NEHA BISHT 4