I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

21^ST AUGUST, 2025

ANTI CI PATORY BAI L APPLI CATI ON NO. 943 OF 2025

Leeladhar ..... Applicant

Versus

State of Uttarakhand and Others ..…Respondents

Counsel for the Applicant : Mr. Vikas Anand, Advocate

with Mr. Amit Satyawali,

Advocate.

Counsel for the Respondent : Mr. Tumul Nainwal, Assistant

Nos.1 & 2 Government Advocate with

Mr. Chitrarth Kandpal, Brief

Holder.

Counsel for the Respondent : Mr. B.M. Pingal, Advocate

No.3

Hon’ble Alok Kumar Verma,J.

This is an Application for anticipatory bail in

Case Crime No.51 of 2025, registered at Police Station Bhowali, District Nainital under Section 420 of Indian

Penal Code, 1860.

2. As per the First Information Report dated 11.08.2025, the co-accused made an agreement with the informant on 26.09.2023 to sell her property, but the sale-deed was not executed. The applicant was also

involved in the said fraud.

3. Heard Mr. Vikas Anand, learned counsel for the applicant, Mr. Tumul Nainwal, learned Assistant

Government Advocate for the respondent nos.1 & 2 and Mr. B.M. Pingal, learned counsel for the respondent no.3.

4. Mr. Vikas Anand, Advocate, contended that the applicant has no concern with the property-in- question. He was not the party of the said Agreement. He had not received any amount from the informant. He has been falsely implicated in the present matter. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. He has no criminal antecedents.

5. Mr. Tumul Nainwal, Assistant Government Advocate and Mr. B.M. Pingal, learned counsel for the respondent no.3 have opposed the anticipatory bail application orally.

6. Personal liberty under Article 21 of the 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.

7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present application, filed for anticipatory bail, is allowed. It is directed that in the event of the arrest of the applicant-Leeladhar, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

8. It is clarified 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.

___________________ ALOK KUMAR VERMA, J.

Date : 21.08.2025 JKJ/Pant