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. 713 of 2025

Smt. Kavita Sarkar and others .....Applicants

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. Pooran Singh

Rawat, Advocate.

Counsel for the Respondent : Mr. G.S. Sandhu,

Additional Advocate

General assisted by Mr. Deepak Bhardwaj, Brief

Holder.

Hon’ble Alok Kumar Verma,J.

This Application for anticipatory bail has been

filed in Case Crime No. 103 of 2025, registered at Police Station Dineshpur, District Udham Singh Nagar under Sections 115(2), 318(4), 351(2) and Section 352 of the

Bharatiya Nyaya Sanhita, 2023.

2. According to the First Information Report dated 22.06.2025, the applicants took Rs. 24,00,000/- (Rupees Twenty Four Lakh) from the informant to sell the property

but they did not execute sale-deed.

3. Heard Mr. Pooran Singh Rawat, learned counsel for applicants and Mr. G.S. Sandhu, learned

Additional Advocate General for respondent.

4. Mr. Pooran Singh Rawat, Advocate, contended that the unregistered agreement was signed by only the applicant no.2 and rest of the applicants agreed to sign the agreement after receiving 10% of total sale consideration of Rs. 3,80,00,000/- (Rupees Three Crore Eighty Lakh), i.e. Rs. 40,00,000/- (Rupees Forty Lakh). Since the informant did not pay 10% amount, the agreement was not signed by the remaining applicants. The dispute arising between the parties is of civil nature.

5. Mr. Pooran Singh Rawat, Advocate further submitted that applicants have no criminal antecedents. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding. They were granted interim bail on 02.07.2025, and, the conditions of interim bail have not been violated by them.

6. Mr. G.S. Sandhu, Additional Advocate General 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 02.07.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Smt. Kavita Sarkar, Reshab Sarkar, Saurabh Sarkar and Gaurav Kumar Sarkar, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

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

9. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

___________________ ALOK KUMAR VERMA, J.

Dt:07.10.2025 Nahid