Ajay Kumar vs State Of Uttarakhand
2024 Latest Caselaw 2314 UK

Uttarakhand High Court

Ajay Kumar vs State Of Uttarakhand on 3 October, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

HIGH COURT OF UTTARAKHAND AT NAINITAL
     Anticipatory Bail Application No.954 of 2024
Ajay Kumar                                   ........Applicant

                          Versus

State of Uttarakhand                      ........Respondent

                            With

     Anticipatory Bail Application No.955 of 2024
Sher Ali                                     ........Applicant

                          Versus

State of Uttarakhand                      ........Respondent
Present:-
      Mr. Parth Tamta and Mr. Bhuwan Bhatt, Advocates for the
      applicants.
      Mr. S.C. Dumka, AGA for the State.

Hon'ble Ravindra Maithani, J. (Oral)

Both these anticipatory bail application arise

from one and the same FIR, they are being decided by this

common judgment.

2. Applicants Ajay Kumar and Sher Ali seek

anticipatory bail in Criminal Case No.1159 of 2021 (Case

Crime No.344 of 2021), State vs. Ajay Kumar and others,

under Sections 420, 467, 468, 471 & 120-B IPC, Police

Station Kotwali Jwalapur, District Haridwar.

3. Heard learned counsel for the parties and

perused the record.

4. According to the FIR, co-accused Smt. Kanti

executed a sale deed and transferred the property of the

informant in favour of applicant Ajay Kumar.

5. Learned counsel for the applicants would

submit that co-accused have already been granted

anticipatory bail by this Court. The informant had filed

the civil suit which is already decreed on the basis of

compromise between the parties.

6. This fact is admitted by the learned State

Counsel.

7. Having considered the entirety of facts, this

Court is of the view that it is a fit case for anticipatory

bail. The instant anticipatory bail application deserves to

be allowed.

8. The anticipatory bail applications are allowed.

9. In the eventuality of arrest, the applicants shall

be enlarged on anticipatory bail subject to their

furnishing personal bonds with two sureties, each by one

of them, each in the like amount, to the satisfaction of the

Arresting Officer ("AO"). In addition to it, the applicants

shall also comply with the following conditions:

(i) The applicants shall co-operate with the investigation.

(ii) They shall not approach any witness in any manner, whatsoever.

(iii) They shall not leave the country without prior permission of the concerned court.

(iv) The applicants shall deposit their passports with the AO. The passport may only be returned by the order of the court concerned. In case, the applicants do not have passport, they shall give an undertaking to that effect to the AO.

(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.

(Ravindra Maithani, J) 03.10.2024 Ravi