Uttarakhand High Court
BA1/1826/2024 on 6 March, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Of f ice N ot e s,
re port s, or de rs
or proce e din gs
SL. N o. Da t e or dire ct ion s COURT'S OR JU DGE'S ORDERS
a n d Re gist ra r's
orde r w it h
Sign a t u re s
BA1 No.1826 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Navneet Kaushik, learned counsel for the
applicant.
2. Mr. Bhaskar Ch. Joshi, learned AGA with Mr.
Vipul Painuly and Ms. Sweta Dobhal, learned B.Hs. for
the State.
3. Applicant, who is in custody in connection with
FIR/Case Crime No.723 of 2023 for the offences u/s
420, 467, 468, 471 and 120-B IPC registered with P.S.
Kotwali Gangnahar Roorkee, District Haridwar has
sought his release on bail.
4. It is argued by learned Counsel for the applicant
that the first information report was lodged by one Mr.
Anubhav Kumar who is the real brother of applicant,
alleging therein, that the applicant siphoned off money
of their deceased father through A.T.M. It is also stated
in the FIR that even after the death of father of
applicant, two months’ pension was also withdrawn by
the applicant. As against the aforesaid submission, it is
contended by learned Counsel for the applicant that he
was looking after his ailing father, and thus, he
withdrew money from the ATM from his father’s
account; further, out of the said money, he also gave a
sum of Rs.4.00 lakh to his real sister. In so far as the
contention of withdrawing pension from his father’s
account is concerned, it is submitted that the said
amount has been deposited by the applicant in the State
exchequer. Lastly, applicant is in custody since
22.08.2024 having no criminal history.
5. Per contra, learned State Counsel vehemently
opposed the bail application contending that the
petitioner had cheated not only his father but the State
exchequer as well by preparing a forged death
certificate.
6. Having considered the submissions of learned
Counsel for the parties and on going through the facts
narrated in the bail application as also the first
information report, the Court is of the opinion that the
applicant deserves bail at this stage.
7. Accordingly, bail application is allowed. Let the
applicant-Naveen Kumar be enlarged on bail on his
executing a personal bond and furnishing two reliable
sureties, each of the like amount to the satisfaction of
the Court concerned.
8. Pending application, if any, stands disposed of.
(Pankaj Purohit, J.)
06.03.2025
R.Dang
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