Uttarakhand High Court
BA1/892/2025 on 11 August, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:7031
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/892/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. R.P. Singh, learned counsel for the
applicant.
2. Mr. Siddharath Bisht, learned AGA for the
State.
3. The present applicant "Smt. Sahendri, wife
of Shri Raj Pal" is praying for bail in relation to
First Information Report dated 28.12.2024 bearing
FIR No. 1398 of 2024, Police Station - Laksar
District - Haridwar wherein three persons namely
Deepak Kumar, Sarfraj and Sajid were implicated
for the offences punishable under Section 420, 467,
468, 471 IPC.
4. Learned counsel for the applicant submits
that the applicant is innocent and has been falsely
implicated, which is evident from the fact that
applicant is not named in the FIR and only on the
basis of confessional statement of co-accused
applicant was arrested on 15.04.2025. He further
argued that in respect of the sale deed which was
registered on 28.12.2023, the FIR was registered on
28.12.2024, which is completely against the
mandate of judgment of Hon'ble Supreme Court
in the case of Lalita Kumar Vs. Government of
U.P. (2014) 2 SCC 1 wherein in 5 categories of
cases the Hon'ble Supreme Court directed that
before registering the FIR, preliminary inquiry
should be done and one of the category relates to
civil disputes. He submits that in this particular
case, before registration of FIR, no such
preliminary inquiry was conducted at any stage
before registering the FIR.
5. Apart from this, he submits that
undisputedly, sale deed dated 28.12.2023 is a
registered sale deed and as such, therefore, it has
to be presumed to be genuine one and
complainant never availed civil remedy seeking
declaration to declare sale deed dated 28.12.2023
to be a forged one.
2025:UHC:7031
6. On the other side, Mr. Siddharath Bisht,
learned AGA have not disputed this fact that
applicant is not named in the FIR and she has been
arrested on the basis of confessional statement
made by co-accused and before registration of the
FIR, no preliminary inquiry was conducted by the
investigating officer.
7. After hearing the arguments of learned
counsel for the parties and further taking into
consideration that applicant is not named in the
FIR and she has been arrested on the basis of
confessional statement made by co-accused and
before registration of the FIR, no preliminary
inquiry was conducted by the investigating
officer, this Court is of the view that the applicant
deserves for bail.
8. Accordingly, without expressing any
opinion on the merit of the case the bail
application is allowed.
9. Let the applicant "Smt. Sahendri, wife of
Shri Raj Pal" be released on bail on furnishing her
personal bond and two sureties each of the like
amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.)
11.08.2025
SKS
