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

14^th JULY, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO. 397 OF 2025 Manmohan Singh Maurya and Another ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Ms. Asmi, Advocate holding brief of Ms. Sadaf, Advocate.

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

Hon’ble Alok Kumar Verma,J.

This is an Application for anticipatory bail in Case Crime No.131 of 2025, registered at Kotwali Dehradun, District Dehradun under Sections 120B, 467, 468 and Section 471 of the Indian Penal Code, 1860.

2. As per the First Information Report, the applicant no.2, aged about 76 years, is the brother of the informant and the applicant no.1, aged about 52 years, is the son of the applicant no.2. Their father executed a registered will. Applicants fraudulently declared him dead when he was alive by creating a fake cremation receipt and obtained a forged death certificate in the year, 2013.

3. Heard Ms. Asmi, learned counsel for the applicants and Pradeep Lohani, learned Brief Holder for the respondent.

4. Ms. Asmi, learned counsel appearing for the applicants submitted that the applicant no.1, aged about 52 years and the applicant no.2, aged about 76 years, have been falsely implicated in the present matter. Applicants never forged any documents. Informant is the step brother of the applicant no.2. A forged will was prepared by him (the informant) with the intention to grab the share of the applicant no.2. Applicants do not have any criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no chance of their absconding. They were granted interim bail on 28.04.2025, and, the conditions of the interim bail have not been violated by them.

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

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 Anticipatory Bail Application is allowed and the order dated 28.04.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Manmohan Singh Maurya and Jaganlal, 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 one 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.

8. 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: 14.07.2025

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