Gurvinder Kaur Vs State Of Uttarakhand

Uttarakhand High Court 27 Aug 2024 Anticipatory Bail Application No. 1034 Of 2023 (2024) 08 UK CK 0136
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Anticipatory Bail Application No. 1034 Of 2023

Hon'ble Bench

Ravindra Maithani, J

Advocates

Milind Raj, Manisha Rana Singh

Final Decision

Allowed

Acts Referred
  • Indian Penal Code, 1860 - Section 420

Judgement Text

Translate:

Ravindra Maithani, J

1. Applicant seeks anticipatory bail in Criminal Case No.148 of 2023, under Section 420 IPC, Police Station Kelakhera, District Udham Singh Nagar.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the applicant entered into an agreement with the informant with regard to sale of a property. The agreement was registered,

money was also transferred, but the applicant did not execute the sale deed.

4. It has been the case of the applicant that the informant did not fulfil the part of the obligation of the agreement; he did not pay the money within the

stipulated time. It has also been the case of the applicant that it is a case purely civil in nature.

5. State was required to file objection, which has yet not been filed. But, learned State Counsel would submit that the investigation has already been

completed and the chargesheet has been filed under Section 420 IPC.

6. Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory

bail application deserves to be allowed.

7. The anticipatory bail application is allowed.

8. In the eventuality of arrest, the applicant shall be enlarged on bail on her furnishing a personal bond with two sureties, each in the like amount, to the

satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the court concerned.

(iii) The applicant shall deposit her passport with the court concerned. The passport may only be returned by the order of the court concerned. In case

the applicant does not have passport, she shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (i) and (ii) above.

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