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Judgment
Alok Kumar Verma, J
The present Application has been filed by the applicant Sunil Bejwan seeking anticipatory bail in Case Crime No. 118 of 2025, registered at Police Station Raipur, District Dehradun under Section 406 and Section 420 of the Indian Penal Code, 1860.
As per the First Information Report dated 13.04.2025, the applicant had shown a plot to the informant. He (applicant) told that his nephew Sandeep Bejwan is the owner of the said plot. He (informant) purchased the said plot on 09.10.2020. He (informant) went to that plot in the year, 2022. He found that another person’s house was built on the said plot.
Heard Mr. Pradeep Chamiyal, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.
Mr. Pradeep Chamiyal, Advocate, submitted that the applicant, aged about 60 years, has been falsely implicated in the present matter. Sandeep Bejwan was the owner of the plot-in-question. He sold the said plot to the informant. The present dispute is civil in nature.
Mr. Pradeep Chamiyal, Advocate, further submitted that the applicant is a permanent resident of District Dehradun. He has no criminal antecedents. He was granted interim bail on 02.05.2025. The conditions of interim bail have not been violated by him.
Mr. G.S. Sandhu, learned Additional Advocate General 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.
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 02.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sunil Bejwan, 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 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.