Mustkim Alias Bhullan v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

SABA/18/2026 Mustkim Alias Bhullan --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J.

Mr. Rajveer Singh, learned counsel for the applicant through video conferencing.

Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

¶2By means of the present application, the applicant seeks grant of anticipatory bail in connection with FIR No. 0813 of 2024, registered at Police Station Jwalapur, District Haridwar, for the offences punishable under Sections 420, 504 and 506 of the Indian Penal Code, 1860. It is submitted that the applicant's first anticipatory bail application was dismissed for want of prosecution.

¶3Learned counsel for the applicant submits that no specific role has been assigned to the applicant in the First Information Report. It is further submitted that the applicant is neither a beneficiary of the alleged transaction nor has any part of the alleged sale consideration been transferred to his bank account.

¶4On the previous date, learned State Counsel was directed to obtain instructions in this regard.

¶5Today, learned State Counsel, on the basis of written instructions, which are taken on record, submits that the

alleged sale consideration was transferred to one Alok Kumar Batla and that no amount has been transferred to the bank account of the present applicant.

¶6Learned counsel for the applicant further submits that the investigation has been concluded and the charge-sheet has already been filed. It is submitted that the applicant has cooperated throughout the investigation, was never arrested during the course of investigation, and his custodial interrogation is no longer required. It is, therefore, prayed that the applicant be granted the benefit of anticipatory bail.

¶7Learned State Counsel, on the basis of the instructions received, does not dispute the aforesaid factual position and has no objection to the prayer made on behalf of the applicant.

¶8Having heard learned counsel for the parties, perused the material available on record, and considered the rival submissions, this Court finds that the investigation has culminated in the submission of the charge-sheet. It is also not the case of the prosecution that the custodial interrogation of the applicant is required at this stage. Significantly, despite the filing of the charge-sheet, the applicant was never arrested during the course of investigation. This circumstance indicates that the investigating agency itself did not consider his custodial interrogation necessary. Furthermore, as per the instructions placed before the Court, the alleged sale consideration was transferred to one Alok Kumar Batla and no amount has been credited to the account of the present applicant. Having regard to the nature of the allegations, the stage of the proceedings, and the overall facts and circumstances of the

case, and without expressing any opinion on the merits of the prosecution case, this Court is of the considered opinion that the applicant has made out a fit case for grant of anticipatory bail.

¶9Accordingly, the present second anticipatory bail application is allowed.

¶10In the event of arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two reliable sureties of the like amount each to the satisfaction of the Court concerned.

(Alok Mahra, J.) 28-07-2026 SB

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b 5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D 7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.28 17:47:45 +05'30'