Uttarakhand High Court
Ayaz Ahmad vs State Of Uttarakhand And Another on 12 December, 2023
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Anticipatory Bail Application No. 301of 2022
Ayaz Ahmad ...Applicant
Versus
State of Uttarakhand and another ...Respondents
Present:-
Mr. P.C. Petshali and Mr. Prasanna Karnatak,
Advocates for the applicant.
Mr. Pramod Tiwari, Brief Holder for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Applicant seeks anticipatory bail in FIR/Crime
No. 40 of 2021, under Sections 420, 467, 468, 447, 511 IPC,
Police Station Mussoorie, District Dehradun.
2. Heard learned counsel for the parties and
perused the record.
3. According to the FIR, a property belonging to the
Lucknow Diocese Trust Association has been transferred by
way of forged power of attorney. The FIR states that one
Philip introducing himself as Chairman of the Association
executed power of attorney in favour of the applicant and
thereafter, sale deeds were executed.
4. Learned counsel for the applicant would submit
that, in fact, sale deed and power of attorney both were
executed in the year 2008. For cancellation of sale deed,
civil suit was also filed earlier, which was Suit No. 520 of
2009, in the court of Civil Judge (Senior Division)
Dehradun. It is submitted that the sale deed has not been
cancelled. There was an issue framed in that case, which
was decided in favour of the applicant. Reference has been
made to the judgment passed in the suit, which was
dismissed.
5. Learned State counsel would submit that Philip
was not the Chairman, who had subsequently transferred
the property by way of authority and other deeds. He admits
that the civil suit was filed, but the sale deed has not been
cancelled.
6. Having considered the entirety of facts, this Court
is of the view that this is a case fit for anticipatory bail.
7. The anticipatory bail application is allowed.
8. In the eventuality of arrest, the applicant shall be
enlarged on anticipatory bail subject to his furnishing a
personal bond with two sureties, each in the like amount, to
the satisfaction of the Arresting Officer ("AO"). In addition to
it, the applicant shall also comply with the following
conditions:
(i) The applicant shall co-operate with the
investigation.
(ii) The applicant shall not approach any witness in
any manner, whatsoever.
(iii) The applicant shall not leave the country without
prior permission of the concerned court.
(iv) The applicant shall deposit his passport with the
AO. The passport may only be returned by the
order of the court concerned. In case the
applicant does not have passport, he shall give an
undertaking to that effect to the AO.
(v) The applicant shall also give an undertaking on
(i), (ii) & (iii) above.
(Ravindra Maithani, J.)
12.12.2023
Jitendra
