ABA/218/2023
2023 Latest Caselaw 891 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                         COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      31.03.2023                        ABA No. 218 of 2023
                                        With
                                        Interim Relief Application (IA No. 1 of 2023)
                                        Hon'ble Alok Kumar Verma, J.

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for Anticipatory Bail in the event of arrest of the applicants in connection with the Crime No. 64 of 2023, registered at Police Station Rajpur, District Dehradun under Sections 406, 467, 468, 471, 506 and 120B IPC.

Heard Mr. Sagar Kothari, learned counsel for the applicants, Mr. S.S. Adhikari, learned Deputy Advocate for the State and Mr. A.S. Rawat, learned Senior Advocate assisted by Ms. Divya Jain, learned counsel for the informant/victim.

Learned counsel appearing for the applicants submitted that an Agreement dated 03.03.2021 was executed between the applicant no.1 and the informant, and, according to the said agreement, all the cases are to be withdrawn.

Learned Senior Advocate submitted that this is a forged document.

Learned counsel for the applicants relied upon the judgments of the Hon'ble Supreme Court in "Oriental Bank of Commerce vs. Prabodh Kumar Tewari, 2022 SCC Online SC 1089" and "Bir Singh vs. Mukesh Kumar, (2019) 4 SCC 197".

Learned counsel for the State and learned Senior Advocate for the informant/victim submitted that this is a fresh case and requested for ten days' time to file counter affidavit.

In the facts and circumstances of the case, it would be appropriate to grant a proper opportunity of hearing to the respondents also even before passing any order on interim relief application.

List on 10.04.2023 after fresh cases.

(Alok Kumar Verma, J.) 31.03.2023 Shiksha