IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

31^ST OCTOBER, 2023

ANTICIPATORY BAIL APPLICATION NO. 980 of 2023

Vyankat Pundir and Another.

..…Applicants

Versus

State of Uttarakhand.

..…Respondent

Counsel for the Applicants : Mr. Pawan Mishra,

Advocate.

Counsel for the

: Mr. M.A. Khan, A.G.A.

Respondent

assisted by Mr. Rakesh

Negi, Brief Holder.

Hon’ble Alok Kumar Verma,J.

Present Application has been filed under Section

438 of the Code of Criminal Procedure, 1973 for grant of

Anticipatory Bail under Sections 420, 467, 468, 471 and

Section 120 B of the Indian Penal Code, 1860 in

connection with the Case Crime No.444 of 2022,

registered at police station Vikasnagar, District Dehradun.

2.

An FIR was lodged by the informant-Mukhtar

Ahmed on 18.11.2022 with the allegations that the co-

accused persons executed a sale deed dated 27.05.2022

in favour of the present applicants by stating that they are

the owner of the land-in-question, whereas the father of

the informant is the owner and in possession over the

land-in-question.

3.

Mr. Pawan Mishra, Advocate, contended that

when the sellers, co-accused persons, came to know that

the sale deed dated 27.05.2022 was wrongly executed in

favour of the present applicants, then they filed an

Original Suit No.141 of 2022 before the Court of Civil

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Judge, Vikas Nagar, District Dehradun seeking the relief of

cancellation of the said sale deed dated 27.05.2022. The

said suit was decided with the consent of the parties and

the sale deed dated 27.05.2022 was cancelled and the

Registrar concerned was informed accordingly. Applicants

are permanent resident of District Dehradun, therefore,

there is no likelihood of their absconding, and, they have

no criminal antecedents.

4.

Mr. M.A. Khan, learned A.G.A., has opposed the

Anticipatory Bail Application orally. However, he fairly

conceded that the said sale deed dated 27.05.2022 has

been cancelled by the competent Court and the applicants

have no criminal antecedents.

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.

In the facts and circumstances of the case,

applicants- Vyankat Pundir and Tejoraj Patwal are directed

to be released on Anticipatory Bail, in the event of their

arrest, on furnishing their personal bond of Rs. 30,000/-

and two reliable sureties, each in the like amount on the

following conditions:-

(i) Applicants shall cooperate with the Investigating

Agency and they shall make themselves available at

the time of interrogation by the Investigating

Agency as and when required;

(ii) In case, charge-sheet is filed, applicants shall

attend the Trial court regularly and they shall not

seek any unnecessary adjournment;

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(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.

7.

It is clarified that if the applicants misuse or

violate any of the condition, imposed upon them, the

concerned authority will be free to move the Court for

cancellation of the anticipatory bail.

8.

Anticipatory Bail Application (No.980 of 2023)

stands disposed of accordingly.

___________________

ALOK KUMAR VERMA, J.

Dt:31.10.2023

Neha