Sanjeev Thapliyal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed by the applicant – Sri Sanjeev Thapliyal seeking anticipatory bail under Sections 220, 221 and Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.09 of 2025, registered at Kotwali Dehradun, District Dehradun.

The applicant was a bidder in an auction. He was the successful bidder, who deposited 25% of the auction amount, but subsequently, the cheque could not be honoured, as the applicant had issued stop payment directions

Heard Mr. Jai Krishna Pandey, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State

Learned counsel for the applicant submitted that auction was done with regard to all the plots, which were given in auction notice, but the certificate was proposed to be issued with regard to only four plots, to which the objection was raised by the applicant.

Learned counsel for the applicant further submitted that the applicant has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding. He was granted interim bail on 10.02.2025. He is cooperating with the investigation.

Learned counsel for the State has opposed the anticipatory bail application. However, he submits that the applicant is cooperating with the investigation.

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.

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 10.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sri Sanjeev Thapliyal, 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) If the charge- sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

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.