HIGH COURT OF UTTARAKHAND
DHARAM LAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
ABA 386 / 2025
I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA st ANTI CI PATORY BAI L APPLI CATI ON NO.386 of 2025 Dharam Lal .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Pawan Mishra, Advocate.
Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder.
Hon’ble Alok Kumar Verma,J.
The present Application has been filed for anticipatory bail under Sections 406, 409, 420, 465, 468, 471 and Section 472 of the Indian Penal Code, 1860 in Case Crime No.8 of 2024, registered at Police Station Purola, District Uttarkashi.
2. Applicant is the Gram Pradhan. As per the FIR dated 11.02.2024, he misused public money by illegally allotting several works to his wife.
3. Heard Mr. Pawan Mishra, learned counsel for Advocate General for the State.
General, opposed the anticipatory bail application and submitted that a sum of Rs.14,920/-(Fourteen Thousand Nine Hundred Twenty) has been misappropriated by the applicant.
5. Mr. Pawan Mishra, Advocate, contended that the applicant had completed all the works as per rules and regulations and there was no complaint from the villagers against the works, completed by him. The alleged amount has not been misappropriated by him, however, he has deposited the said amount i.e. Rs.14,920/-(Fourteen Thousand Nine Hundred Twenty) in the treasury. Applicant has no criminal antecedents. He is a permanent resident of District Uttarkashi, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 24.04.2025, and, the conditions of interim bail have not been violated by him.
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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 24.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Dharam Lal, 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.
8. It is made clear 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.
Dt:01.09.2025 Neha
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Date: 2025.09.01 18:56:34 +05'30'
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