Uttarakhand High Court
ABA/56/2022 on 6 July, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
6th JULY, 2022
ANTICIPATORY BAIL APPLICATION NO.56 of 2022
Between:
Vikrant Chaurasiya ...Applicant
and
State of Uttarakhand. ...Respondent
Counsel for the Applicant : Mr. Arvind Vashisth,
learned Senior Advocate
assisted by Mr. Rajat Mittal,
learned counsel.
Counsel for the Respondent : Mr. V.S. Rathour, learned
AGA for the State.
Hon'ble Alok Kumar Verma,
Apprehending his arrest, the applicant - Vikrant
Chaurasiya had moved an application for anticipatory bail
before the Sessions Judge, Dehradun in connection with
the First Information Report No.36 of 2022, registered
with Police Station Rajpur, District Dehradun for the
offence under Sections 420, 467 and 468 of IPC. On
24.03.2022, the 3rd Additional Sessions Judge, Dehradun
rejected the said application for anticipatory bail.
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2. This application under Section 438 of the Code
of Criminal Procedure, 1973, is filed by the applicant -
accused before this Court seeking anticipatory bail in the
event of his arrest.
3. Heard Mr. Arvind Vashisth, the learned Senior
Advocate assisted by Mr. Rajat Mittal, the learned counsel
for the applicant and Mr. V.S. Rathour, the learned AGA
for the State.
4. The learned counsel appearing for the State
submitted that the applicant - accused illegally obtained
General Power of Attorney dated 14.09.2021 (registered)
on his name by impersonating Mr. P.S. Kang by showing
that Mr. P.S. Kang is authorized representative of M/s PGF
Ltd. The learned counsel appearing for the State opposed
the present application, however, he requested further
time to get a report of Forensic Science Laboratory.
5. The learned Senior Advocate appearing for the
applicant submitted that sufficient opportunity has already
been granted to the State. He further submitted that the
disputed Power of Attorney dated 14.09.2021 is a
registered document and there is a presumption that a
registered document is validly executed and a registered
document, prima facie would be valid in law. In support of
the said submissions, the learned Senior Advocate
appearing for the applicant has relied upon a judgment of
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the Hon'ble Supreme Court in, "Prem Singh and Others
vs. Birbal and Others", (2006) 5 SCC 353.
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 considered the submissions of learned
counsel for both the parties and in the facts and
circumstances of the case, without expressing any opinion
as to the merit of the case, this court directs that in the
event of arrest, the applicant-accused Vikrant Chaurasiya
shall be released on bail on furnishing a personal bond of
Rs.30,000/- with two reliable sureties, each in the like
amount to the satisfaction of the Investigating Officer/
Arresting Officer with the following conditions:-
(i) The applicant shall make himself available for
interrogation by the Investigating Officer as and
when requires;
(ii) The applicant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case;
(iii) The applicant shall not leave India without prior
permission of this Court;
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8. If the applicant misuses or violates any of the
conditions, imposed upon him, the Investigating Officer
will be free to move the Court for cancellation of the
interim relief.
9. At the request of the learned counsel for both
the parties, list this case on 19.07.2022 for arguments on
the anticipatory bail application. Meanwhile, report of the
Forensic Science Laboratory, if any, may be filed.
___________________
ALOK KUMAR VERMA, J.
Dt: 6th July, 2022
Pant/
