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Judgment
Alok Kumar Verma, J
Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 467, 468, 471, 420, 409, 477A, Section 120B of the Indian Penal Code, 1860 and Section 7, Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in connection with the Case Crime No.06 of 2010, registered at police station Vigilance Sector, Haldwani, District Nainital.
Mr. Lalit Sharma, Advocate, contended that as per the present case, a sum of Rs.02,08,191/- was embezzled during the period of 2001-2003. The First Information Report was lodged in the year, 2010. Applicants had not been named in the First Information Report. Charge-sheet was filed against the co-accused persons in the year, 2017. The said charge-sheet was not filed against the present applicants. The name of the present applicants have come to light in the course of further investigation. The co-accused persons, against whom charge-sheet was filed, were granted bail by the Special Sessions Judge.
Learned counsel for the State has opposed the Anticipatory Bail Application.
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.
In the facts and circumstances of the case, applicants Harendra Kumar Arya and Nandan Singh Bora are directed to be released on Anticipatory Bail, in the event of their arrest, on furnishing their personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-
(i) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(ii) Applicants shall cooperate with the Investigating Agency and they shall make themselves available at the time of interrogation by the Investigating Agency as and when required;
(iii) Applicants shall not leave the country without previous permission of the Trial Court.
It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.
Anticipatory Bail Application (No.870 of 2023) stands disposed of accordingly.