AI Structured Summary
Not yet generated for this judgment
Judgment
Ravindra Maithani, J
Applicant seeks anticipatory bail in FIR No.388 of 2023, under Section 420 of the Indian Penal Code, 1860, Police Station Ramnagar, District
Nainital.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicant would submit that the applicant had not taken a loan; the applicant is a guarantor; a part of the property of the
applicant has already been auctioned by the Bank.
State was required to file objections, but it has not been filed.
Learned State Counsel admits that a part of the property of the applicant has already been auctioned.
Having considered the entirety of facts, this Court is of the view that it is a fit case for 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 subject to his furnishing a personal bond with two sureties, each in the like
amount, to the satisfaction of the Arresting Officer (“AOâ€). In addition to it, the applicant shall also comply with the following conditions:
(i) The applicant shall co-operate with the investigation.
(ii) He shall not approach any witness in any manner, whatsoever.
(iii) He shall not leave the country without prior permission of the concerned court.
(iv) The applicant shall deposit his passport with the AO. 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 AO.
(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.