Raj esh Dodi and Anot her v. St at e of Ut t arakhand

: Mr. Lalit Sharm a, Advocat e. : Mr. Tum ul Nainwal, Assist ant Governm ent Advocat e assist ed by 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. This Applicat ion has been filed by t he applicant Raj esh Dodi, aged about 55 years, and t he applicant I nder Chandok, aged about 63 years, for ant icipat ory bail in Case Crim e No.73 of 2025, regist ered at Kot wali Dehradun, Dist rict Dehradun under Sect ions 420, 120B, 504 and Sect ion 506 of t he I ndian Penal Code, 1860. 2 . According t o t he First I nform at ion Report dat ed 25.02.2025, t he inform ant is t he daught er of Lat e Kam la Bobal. Am it Bobal, her real brot her, has died. Co- accused Dim ple is t he wife of Lat e Am it Bobal. 1 I nform ant is t he owner of t he propert ies of Lat e Kam la Bobal. A fake agreem ent t o sell of Am it Bobal was prepared. The said agreem ent regarding t he propert ies of t he inform ant has been shown in favour of Raj esh Dodi ( applicant no.1) . I nder Chandok, t he applicant no.2 and co- accused Dim ple are wit nesses t o t he said agreem ent . 3 . Heard Mr. Lalit Sharm a, learned counsel for t he applicant s and Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e for respondent . 4 . Mr. Lalit Sharm a, Advocat e, cont ended t hat Am it Bobal was t he owner of t he propert y- in- quest ion. He execut ed an agreem ent t o sell wit h possession in favour of t he applicant no.1 on 12.06.2022. The said agreem ent was duly regist ered before t he Sub- Regist rar, Dehradun. The applicant paid Rs.7,00,000/ - ( Rupees Seven Lakh) in advance in t he form of cheque and cash and t he rem aining am ount i.e. Rs.22,77,500/ - ( Rupees Twent y Two Lakh Sevent y Seven Thousand Five Hundred) was agreed t o be paid on t he dat e of regist ry of sale- deed. Applicant no.1 filed an Original Suit ( O.S. No.448 of 2023) against Am it Bobal for specific perform ance. The inform ant had m oved an applicat ion in t he said original suit under Order I Rule 2 10 of t he Code of Civil Procedure, 1908. The said Applicat ion was dism issed. The said Suit was decreed on 31.01.2025. The disput es bet ween t he part ies are civil in nat ure. 5 . Mr. Lalit Sharm a, Advocat e, furt her subm it t ed t hat t he applicant s have no crim inal ant ecedent s. They are perm anent resident s of Dist rict Dehradun, t herefore, t here is no possibilit y of t heir absconding. 6 . Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e, on inst ruct ion, 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, wit hout com m ent ing on t he m erit s 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 s Raj esh Dodi and I nder Chandok, t hey shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo 3 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: - ( i) Applicant s cooperat e wit h t he I nvest igat ing Agency and t hey 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 , 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 : 27.08.2025 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=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT 4