Alok Kumar Verma, J
1. This Application has been filed for anticipatory bail in Case Crime No.12 of 2024, registered at Vigilance Sector Haldwani, District Nainital under Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, 1988.
2. Heard Mr. Navneet Kaushik, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.
3. Mr. Navneet Kaushik, Advocate, submitted that the applicant, aged about 62 years, has retired from the post of Deputy Project Director, Directorate of Tribal Welfare Department. Applicant had disclosed each and every transaction pertaining to his income and expenditure during the open inquiry against him and during the course of the investigation. He has further disclosed each and every asset belonging to him or his family members, which clearly shows that there was no disproportionate assets as against his source of income during the check period. He is a permanent resident of District Dehradun. He undertakes to cooperate the investigation. He is not a convicted person. He was granted interim bail on 30.10.2025, and, the conditions of the interim bail have not been violated by him.
4. Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application. However, he submitted on instructions that the loan through bank records, sale of vehicle through RTO Department, house rent through bank accounts, tenancy agreement and insurance /GPF amount through bank records have not been verified till date.
5. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.
6. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 30.10.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Anurag Shankhdhar, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-
(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;
(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.
(iv) Applicant shall not leave the country without the previous permission of the trial court.
7. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
