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2023 DIGILAW 548 (UTT)

Vineet Prasad v. State of Uttarakhand

2023-09-22

ALOK KUMAR VERMA

body2023
JUDGMENT : ALOK KUMAR VERMA, J. 1. Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 420, 452 of the Indian Penal Code, 1860 in connection with the Case Crime No. 104 of 2023, registered at police station Gangnahar, District Haridwar. 2. Heard Mr. Gaurav Singh, learned counsel for the applicant (through video conferencing) and Mr. Akshay Latwal, learned Brief Holder for the State. 3. Mr. Akshay Latwal, Brief Holder for the State has opposed the Anticipatory Bail Application. He submits that on 08.02.2023, five unknown persons went to the house of the informant by a Vehicle, I-20 (Registration No. DL-7CU-3567). They introduced themselves as Income Tax Officers. They searched his house. He (informant) had kept Rs. 20.00 Lakh (Rupees Twenty Lakh) at his house for the marriage of his daughter, which they took with them. The First Information Report was lodged by the informant-Sudhir Kumar Jain on 11.02.2023. Co-accused Dheeraj and Salman alias Samar were arrested on 22.02.2023. They disclosed the name of the present applicant in their confessional statements. 4. Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Applicant has no criminal history. The said car does not belong to the present applicant. He is a permanent resident of Harsh Vihar, Delhi, therefore, there is no chance of his absconding. The applicant is ready to cooperate with the investigation and co-accused persons, Ashish Malik, Dheeraj, Salman alias Samar and Parvez have been granted regular bail by this Court. 5. In the facts and circumstances of the case, the applicant- Vineet Prasad is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions: (i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (ii) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required. (iii) Applicant shall not leave the country without previous permission of the Trial Court. 6. (ii) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required. (iii) Applicant shall not leave the country without previous permission of the Trial Court. 6. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail. 7. Anticipatory Bail Application (No. 845 of 2023) stands disposed of accordingly.