Ramratan Dhalia vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Ramratan Dhalia seeks anticipatory bail in Case Crime No.169 of 2023, under Section 406 IPC, Police Station Kotwali Haridwar, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant, being the Chairman of one society, misappropriated huge amount, which was revealed in an enquiry. The misappropriation was done since 1985.

Learned counsel for the applicant would submit that, in fact, the enquiry did not establish that any such embezzlement was done. It is also the case of the applicant that he was never called during the enquiry. He would submit that when the applicant won the election, false FIR has been lodged.

Learned State Counsel would submit that the applicant was the Chairman and Patron of the Society, and in the enquiry, it was found that he embezzled the amount.

The Court wanted to know from learned State Counsel as to whether the applicant was ever given a notice of the enquiry? He would submit that the applicant was not informed of any enquiry. The enquiry report has been filed.

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.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Investigating Officer (“IO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness/victim in any manner, whatsoever.

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

(iv) The applicant shall deposit his passport with the Investigating Officer (“IO”). The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.