Uttarakhand High Court
Anchal Saini vs State Of Uttarakhand on 3 July, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:5665
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
03RD JULY, 2025
ANTICIPATORY BAIL APPLICATION NO.735 of 2025
1. Anchal Saini
2. Himanshu Saini ...Applicants
Versus
State of Uttarakhand ...Respondent
Counsel for the Applicants : Ms. Sukhwani Singh, Advocate
Counsel for the Respondent : Mr. Tumul Nainwal, A.G.A.
assisted by Mr. Chitrarth
Kandpal, Brief Holder
Hon'ble Alok Kumar Verma,J.
The present Application has been filed by the
applicants seeking anticipatory bail in Case Crime No.
208 of 2025, registered at Police Station Bhagwanpur,
District Haridwar under Section 318 (2) and Section
336(2) of the Bharatiya Nyaya Sanhita, 2023.
2. As per the First Information Report dated
23.06.2025, an advertisement was published by RNI
Inter College, Bhagwanpur, District Haridwar for
recruitment to the post of Junior Assistant. A total of 43
application forms were sold. The cost of an application
form was Rs.100/-. The applicants had not purchased
the application forms. They got the same scanned and
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deposited in the college, thus they committed cheating
and forgery.
3. Heard Ms. Sukhwani Singh, learned counsel
for the applicants and Mr. Tumul Nainwal, learned
A.G.A. for the respondent.
4. Ms. Sukhwani Singh, Advocate, submitted
that the applicant no.1 is the sister of the applicant
no.2. The offences of cheating and forgery are not
made out. If there was any defect in the application
forms of the applicants, the college could have rejected
it.
5. Ms. Sukhwani Singh, Advocate further
submitted that the applicants do not have any criminal
antecedents. They are permanent residents of District
Haridwar and they will co-operate with the
investigation.
6. Mr. Tumul Nainwal, A.G.A., has opposed the
anticipatory bail application orally.
7. Personal liberty under Article 21 of the
Constitution of India is very precious fundamental right
and it should be curtailed only when it becomes
imperative according to the peculiar facts and
circumstances of the case.
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8. Having heard the submissions of learned
counsel for the parties and keeping in view of the facts
and circumstances of the case, the present Application,
filed for anticipatory bail, is allowed. It is directed that
in the event of arrest of the applicants, Anchal Saini
and Himanshu Saini, they shall be released on
anticipatory bail on executing a personal bond of Rs.
30,000/ – and two reliable sureties, each of the like
amount, by each one of them, to the satisfaction of the
Arresting Officer, subject to the following conditions: –
(i) Applicants shall cooperate with the
Investigating Agency and they shall make
themselves available for interrogation by a
police officer as and when required;
(ii) If the charge-sheet is filed, the applicants
shall attend the trial court regularly and they
shall not seek any unnecessary adjournment;
(iii) Applicants shall not directly or indirectly make
any inducement, threat or promise to any person,
acquainted with the facts of this case;
(iv) Applicants shall not leave the country without
the previous permission of the trial court.
9. It is clarified that if the applicants misuse or
violate any of the conditions, imposed upon them, the
prosecution agency will be free to move the Court for
cancellation of the anticipatory bail.
___________________
ALOK KUMAR VERMA, J.
Dt: 03.07.2025
JKJ/Pant
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