Balbir Singh 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

ABA/1079/2023

Balbir Singh --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Alok Mahra, J.

Mr. Harshit Sanwal, learned counsel for the applicant.

¶2Mr. Jai Prakash Kandpal, learned Brief Holder for the State.

¶3By means of present application, applicant seeks anticipatory bail in connection with Case Crime/F.I.R. No. 123 of 2022, registered at Police Station Gadarpur, District Udham Singh Nagar, for the offences punishable under Sections 420, 467, 468, 471 and 34 I.P.C.

¶4Learned counsel for the applicant would submit that, prior to registration of the F.I.R. in question, the informant had already approached the competent Court by moving an application under Section 156(3) Cr.P.C., registered as Misc. Application No. 15 of 2022, Bhupendra Singh vs. Angrejpal Puri and others, before the Court of Judicial Magistrate-I, Rudrapur, District Udham Singh Nagar, which was rejected vide order dated 19.02.2022. It is submitted that the said proceedings relate to the same property and allegations arising out of the alleged forged power of

attorney, but the rejection of the said application was not disclosed in the subsequent F.I.R. He further submits that the order dated 19.02.2022 has been placed on record as Annexure No. 3 and that, in the present case, investigation has already been concluded and charge-sheet has been submitted before the competent Court.

¶5Learned counsel for the applicant would further submit that Coordinate Bench of this Court, vide order dated 01.12.2023, had granted interim anticipatory bail to applicant and, pursuant thereto, the applicant has remained protected from arrest and has duly cooperated with the investigation. He would submit that the applicant has neither misused the liberty granted to him nor attempted to evade the process of law. It is further submitted that the investigation now stands concluded and the charge-sheet has already been submitted before the competent Court; that, no material has been brought on record to demonstrate that the custodial interrogation of the applicant is either necessary or warranted at this stage.

¶6Learned counsel, on instructions, further submits that the applicant has been appearing before concerned and is extending due cooperation in the proceedings pending before the trial Court. It is, therefore, prayed that the interim anticipatory bail granted to the applicant vide order dated 01.12.2023 be confirmed and made absolute.

¶7Learned State Counsel, upon

instructions, does not dispute the aforesaid factual submissions advanced on behalf of the applicant and also does not dispute that the applicant has remained protected pursuant to the interim order dated 01.12.2023 and that the investigation has culminated in submission of the charge-sheet.

¶8Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the applicant has remained protected by the interim anticipatory bail granted by the Coordinate Bench vide order dated 01.12.2023. During the subsistence of the said protection, the applicant has cooperated with the investigation and there is no allegation before this Court that he has misused the liberty so granted or has obstructed or attempted to influence the course of investigation.

¶9The investigation has since been concluded and the charge-sheet has already been submitted before the competent Court. Further, circumstance has been brought on record to indicate that, notwithstanding conclusion of the investigation, the custodial interrogation of the applicant is now required for any legitimate purpose. The subsequent conduct of the applicant, including his appearance before concerned and cooperation in the proceedings, also weighs in favour of continuation of the protection already granted to him.

¶10In aforesaid facts and circumstances, and without expressing any opinion on the merits of the

allegations or defence of applicant, this is of considered view that interim protection granted to the applicant deserves to be confirmed. The observations made herein are confined solely to the consideration of the present anticipatory bail application and shall not prejudice the proceedings pending before the trial Court.

¶11Accordingly, interim anticipatory bail granted to applicant vide order dated 01.12.2023 is hereby made absolute. The applicant shall continue to remain on anticipatory bail on the same terms and conditions as stipulated in the order dated

01.12.2023, subject to his continued compliance therewith and subject further to such additional condition(s), if any, as may be imposed by the trial Court in accordance with law.

¶12The anticipatory bail application is, accordingly, allowed.

¶13Pending application(s), if any, stand disposed of.

(Alok Mahra, J.) 11-08-2026 mamta

MA MTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6a812005bebfcf46 f244f3e584af1449e430ef90 0bf09a6d67ebbd64267132 9b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f 1d9cabfd54852c9e68911ca 8b66dd26690a191648ab5d 8dd004efti, cn=MAMTA RANI Date: 2026.08.13 11:31:46 +05'30'