Shaminder Mandi vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant- Shaminder Mandi seeking anticipatory bail in Case Crime No.216 of 2023, registered at Police Station Patel Nagar, District Dehradun under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Lalit Sharma, Advocate contended that the applicant is not named in the First Information Report. His name has come to light in the confessional statement of the co-accused Sahil Kumar. Applicant was not involved in the alleged crime. He is not a convicted person. He is a permanent resident of District Ludhiana, Punjab, therefore, there is no possibility of his absconding.

Mr. Chitrarth Kandpal, Brief Holder has opposed the anticipatory bail application. He has submitted on instructions that the OMR sheets of the candidates were tampered and one co-accused Sahil Kumar was arrested. The name of the present applicant has come to light in the confessional statement of the co-accused Sahil Kumar.

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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Shaminder Mandi, 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.

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.