Alok Kumar Verma, J
1. This Application for anticipatory bail has been filed in Case Crime No. 74 of 2025, registered at Police Station Nehru Colony, District Dehradun under Section 409 and Section 420 of the Indian Penal Code, 1860.
2. The Anticipatory Bail Application (No.1362 of 2025) of the applicant has been rejected by the learned Sessions Judge, Dehradun on 19.12.2025.
3. According to the respondent, the allegations against the applicant and co-accused are that they had spent the amount in some other work inspite of spending on the work allocated by the Uttar Pradesh Rajkiya Nirman Nigam Ltd., due to which, the department has suffered a loss of Rs.159.85 lakh.
4. Heard Mr. Siddhartha Sah, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1.
5. Mr. Siddhartha Sah, Advocate, submitted that the applicant, aged about 68 years, has been falsely implicated. He was superannuated on 31.03.2018 from the post of General Manager. He has not committed any offence. The Nigam has already recovered a sum of Rs.415.23 lakh from the Tourism Department of Uttarakhand Government in the account of Centage on 11.05.2022. Therefore, no loss was suffered by the Nigam. Applicant is a permanent resident of New Delhi, and, Shiv Asray Sharma and Ram Prakash Gupta, the co-accused of the similar role, have already been granted anticipatory bail by this Court.
6. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally.
7. 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.
8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Pradeep Kumar Sharma, 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.
9. It is clarified 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.
