Alok Kumar Verma, J
1. This Application for anticipatory bail has been filed in Case Crime No. 73 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.1361 of 2025) of the applicant has been rejected by the learned Sessions Judge, Dehradun on 19.12.2025.
3. According to the respondent, a sum of Rs.428 lakh as advance was released for the works of the department with respect to construction of Disaster Relief Centers. The said amount was spent in other works of the department. Therefore, the applicant is liable for Rs.214 lakh towards the Nigam.
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, contended that the said allegations are false. It was a routine practice in the working of the Nigam that for the immediate need in one work, if the required amount is not received from the department, the amount existing for other works used to be utilized. The amount was utilized in the works of the Nigam, therefore, no loss was caused to the Nigam. Applicant, the aged about 68 years, is a permanent resident of New Delhi. He is not a convicted person. He undertakes that he will cooperate with the investigation.
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.
