Uttarakhand High Court
Karun Kaura vs State Of Uttarakhand And Two Others on 19 June, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:5133
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
19TH JUNE, 2025
ANTICIPATORY BAIL APPLICATION NO.670 of 2025
Karun Kaura .....Applicant
Versus
State of Uttarakhand and two Others ....Respondents
Counsel for the Applicant : Mr. Rajat Mittal, Advocate
Counsel for the Respondent : Mr. G.S. Sandhu, Additional
Nos.1 & 2 Advocate General assisted by
Mr. Deepak Bhardwaj, Brief
Holder.
Hon'ble Alok Kumar Verma,J.
This Application has been filed by the
applicant-Karun Kaura for anticipatory bail in Case
Crime No.82 of 2022 (Criminal Case No.1289 of 2023),
registered at Police Station Mukhani, District Nainital.
2. According to the First Information Report
dated 02.04.2022, the applicant is the Chief Managing
Director of M/s. Kaya Blenders and Distillers Ltd. The
informant was informed that he had been engaged as a
distributor in the State of Uttarakhand to distribute
liquor products. He deposited Rs.1.25 Lakh in the
Company’s bank account for registration. He further
deposited Rs.30.00 Lakh in the Company’s bank
account through cheques, but he was sent a forged
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Agreement dated 07.10.2020.
3. Heard Mr. Rajat Mittal, learned counsel for
applicant and Mr. G.S. Sandhu, learned Additional
Advocate General for the respondent nos.1 & 2.
4. Mr. Rajat Mittal, Advocate contended that the
applicant is an authorized signatory of the said company.
The applicant’s company and the informant entered into
Uttarakhand Sale Partnership Agreement cum
Memorandum of Understanding on 05.08.2020. An
additional agreement was also executed between them
on 28.09.2020. The terms and conditions of the
Agreement/Understanding were mentioned therein. As
per Clause 2 of the Agreement cum MOU, the informant
was supposed to pay the remaining amount of Rs.20.00
Lakh within two-three months from the date of signing
the Agreement dated 05.08.2020, but he failed to make
such payment. The applicant’s company invoked
Arbitration Clause 26 of the Agreement cum MOU and
has filed an arbitration case before the court of District
Judge, Patiala (Punjab) under Section 9 of the Arbitration
and Conciliation Act, 1996.
5. Mr. Rajat Mittal, Advocate, further submitted
that the applicant is a permanent resident of District
Patiala, therefore, there is no likelihood of his
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absconding. He is not a convicted person. He was not
arrested during the course of the investigation. Charge-
sheet has already been filed against the applicant
under Section 420 of the Indian Penal Code, 1860,
therefore, there is no chance of tampering with the
evidence.
6. Mr. G.S. Sandhu, Additional Advocate
General 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.
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 applicant-Karun Kaura, he
shall be released on anticipatory bail on executing a
personal bond of Rs. 30,000/- and two reliable
sureties, each of the like amount, to the satisfaction of
the Arresting Officer, subject to the following
conditions:-
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(i) Applicant shall attend the trial court
regularly and he shall not seek any
unnecessary adjournment;
(ii) Applicant shall not directly or indirectly
make any inducement, threat or promise to
any person, acquainted with the facts of this
case;
(iii) Applicant shall not leave the country
without the previous permission of the trial
court.
9. It is made clear that if the applicant misuses
or violates any of the conditions, imposed upon him,
the prosecution agency will be free to move the Court
for cancellation of the anticipatory bail.
___________________
ALOK KUMAR VERMA, J.
Date :19.06.2025
JKJ/Pant
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