Uttarakhand High Court
ABA/356/2025 on 16 April, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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ABA No.356 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. B.M. Pingal, learned counsel for the
applicants.
2. Mr. Deepak Bhardwaj, learned Brief
Holder for the State.
3. Applicants are seeking anticipatory bail
in relation to FIR No.0155 of 2025, dated
27.03.2025, wherein the applicants, who are
the family members, have been implicated for
the offences punishable under Section 420,
467 and 506 of the Indian Penal Code (I.P.C),
registered at Police Station SIDCUL, District
Haridwar.
4. Learned counsel for the applicants
submits that the allegations, as alleged,
appears to be a civil dispute since there was
some money transaction towards a property
which was agreed to sell to the complainant.
Apart from this, he submits that a figure of
Rs. 85 lakhs has been shown in the FIR,
which was alleged to be paid to the
applicants in cash, but, in fact, no such
amount in cash was paid and only an
amount of Rupees Two crores and Five lakhs
paid through online and Rs. 20 lakhs in
cash. It has been informed by learned
counsel for the applicant that after filing of
instant ABA, one of the bank account of the
applicant has been freezed. He also submits
that the present applicant No.3 is under
medical treatment in Ganga Ram Hospital, at
Delhi.
5. In order to assist this Court, the
concerned Investigating Officer-Narender
Singh was directed to join the proceeding
through V.C. and today, he joins the
proceeding through V.C. and apprise to this
Court that all the amount in other bank
accounts has been withdrawn by the
applicant and only one account was freezed
in which approximately an amount of Rs. 5
lakh 37 thousand is the balance amount.
Apart from this, he submits that the
complainant, in his statement, submits that
he has paid in cash Rs. 65 lakh to the
present applicant. If it is so, then the
question is that as to how the amount of Rs.
65 lakh was paid in cash.
6. This aspect may be enquired by the
concerned investigating officer from the
complainant because under the provision of
the I.T. Act, such a huge amount cannot be
paid in cash. Apart from this, since the
present applicants are in emergent need as
one of the applicants i.e. applicant No.3
admitted in the Ganga Ram Hospital, New
Delhi, the Investigating Officer concerned is
directed to proceed by tomorrow i.e. on
17.04.2025 for de-freezing the account which
was freezed.
7. Apart from this in view of the statement
as given in para No.35 of the application, the
applicant is ready to pay the entire amount
of Rupees Two crores and Five lakhs as well
as the amount of Rupees Twenty lakhs
received in cash from the complainant within
fifteen days.
8. List this matter on 06.05.2025.
9. In the meantime, the respondents may
file an affidavit giving the details of the status
of the investigation, particularly in reference
to the query with regard to the transfer of the
amount in cash.
10. Having considered the submissions, as
an ad interim measure, till the next date of
listing, in the event of arrest, the applicants
shall be released on bail subject to their
furnishing personal bonds with two sureties,
each in the like amount, by each one of them,
to the satisfaction of the Arresting Officer
(“AO”). In addition to it, the applicants shall
also comply with the following conditions:-
(i) The applicants shall co-operate
with the investigation.
(ii) They shall not approach any
witness in any manner, whatsoever.
(iii) They shall not leave the country
without prior permission of the court
concerned.
(iv) The applicants shall also give an
undertaking on (i), (ii) & (iii) above.
(Rakesh Thapliyal, J.)
16.04.2025
R.Bisht