HIGH COURT OF UTTARAKHAND
MAHIPAL SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
ABA 544 / 2025
I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA
17th JUNE, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO. 544 OF 2025 Mahipal Singh ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Lalit Sharma, Advocate.
Ms. Neeti Rana, Advocate Counsel for the Respondent : Mr. Pratiroop Pandey, A.G.A.
Hon’ble Alok Kumar Verma,J.
The present Application has been filed by the applicant - Mahipal Singh for anticipatory bail in Case Crime No.07 of 2020 (Special Sessions Trial No.3 of 2024), registered at Vigilance Establishment Sector at Dehradun, District Dehradun under Section 7 of the Prevention of Corruption Act, 1988.
2. Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A.
for the respondent.
3. Mr. Lalit Sharma, Advocate, submitted that the applicant, aged about 57 years, has been falsely implicated in the present matter. He has not received any money from the complainant. In the Writ Petition (Criminal) No.1351 of 2020, filed under Article 226 of the Constitution of India to quash the First Information Report, he was granted interim relief. He was not arrested during the course of the investigation. The Investigating Officer has filed the charge-sheet before the concerned court, therefore, there is no chance of tampering with the evidence. He does not have any criminal antecedents. He is a Government Servant, therefore, there is no possibility of his absconding. He was granted interim bail on 22.05.2025, and, the conditions of the interim bail have not been violated by him.
4. Mr. Pratiroop Pandey, A.G.A. has opposed the anticipatory bail application. However, he submitted that the charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.
5. 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.
6. 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 22.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Mahipal Singh, 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;
(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.
7. 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.
Date:17.06.2025 JKJ/Pant
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