I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

07^TH OCTOBER, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO.294 of 2025 Tilomani Bhatt .....Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Prem Prakash Bhatt, Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder.

Hon’ble Alok Kumar Verma,J.

This Application has been filed by the applicant-Tilomani Bhatt for anticipatory bail in Case Crime No.07 of 2025, registered at Police Station Reetha Sahib, District Champawat under Sections 318(4), 338, 336(3) and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023.

2. According to the First Information Report, a fake proposal was prepared by the co-accused Bhuwan Chandra Bhatt for the re-construction of drinking water pipeline. A sum of Rs.2,00,000/-(Rupees Two Lakh) was sanctioned for the said work. The co-accused Bhuwan Chandra Bhatt and the present applicant Tilomani Bhatt embezzled the said amount in connivance with the employees of the Block Development Office.

3. Heard Mr. Prem Prakash Bhatt, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

4. Mr. Prem Prakash Bhatt, Advocate, contended that the drinking water pipeline repair scheme was approved by the State Disaster Management Fund. The total cost of the project was estimated to Rs.1,73,000/- (Rupees One Lakh Seventy Three Thousand). The entire work was completed under the supervision of Project Implementation Unit. After completion of work, the co-accused Diwas Kumar Pandey, the Junior Engineer, prepared the measurement of the scheme by making technical and physical inspection. The third party verification was also conducted and after duly completion of all the formalities, the cheque of the final bill was issued to the present applicant in the month of January, 2025.

5. Mr. Prem Prakash Bhatt, Advocate, has further submitted that the applicant, aged about 65 years, has not embezzled any amount of the said scheme. He is a permanent resident of District Champawat, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. The co-accused Bhuwan Chandra Bhatt has already been granted regular bail by this Court and the co-accused Diwas Kumar Pandey has been granted anticipatory bail by this Court in the Anticipatory Bail Application No.263 of 2025, and, applicant was granted interim bail on 21.03.2025, and, the conditions of the interim bail have not been violated by him.

6. Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application.

7. 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.

8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 21.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Tilomani Bhatt, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

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

9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution age