Saiful Vs State of Uttarakhand — Cheating and Forgery | Uttarakhand HC (2025)

Saiful Vs State of Uttarakhand — Cheating and Forgery | Uttarakhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Amjad and the interim bail order dated 17.06.2025 made absolute; on arrest, release upon a personal bond of Rs. 30,000/- with two reliable sureties of like amount, to the satisfaction of the Arresting Officer, subject to the four stated conditions (cooperation/availability for interrogation; trial-court attendance if charge-sheet filed; no inducement, threat or promise; no departure from the country without previous permission of the trial court), with liberty reserved to the prosecution agency to apply for cancellation of bail on misuse or violation of any condition.

Issue for consideration

Whether anticipatory bail should be granted to the applicant Amjad in Case Crime No. 139 of 2025 (Police Station Jhabrara, District Haridwar), investigation pending for offences under Sections 309(4) and 318(2) of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

Without commenting on the merits of the case, the anticipatory bail application is allowed and the interim bail order dated 17.06.2025 granting interim bail to the applicant is made absolute.

Ratio / Principle

In the event of arrest, the applicant Amjad 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: (i) cooperation with the Investigating Agency and availability for interrogation by a police officer as and when required; (ii) if the charge-sheet is filed, regular attendance in the trial court and no seeking of unnecessary adjournments; (iii) no direct or indirect inducement, threat or promise to any person acquainted with the facts of the case; and (iv) no leaving the country without previous permission of the trial court.

Key takeaways

Personal liberty under Article 21 of the Constitution of India is a very precious fundamental right and should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.obiter¶22
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.obiter¶32

Detailed headnote1 paragraphs

High Court of Uttarakhand at Nainital (Alok Kumar Verma, J.) — Anticipatory Bail Application No. 619 of 2025, decided 14.10.2025. Application of Amjad in Case Crime No. 139 of 2025 (PS Jhabrara, Dist. Haridwar; investigation pending under Sections 309(4) and 318(2) of the Bharatiya Nyaya Sanhita, 2023; FIR dated 02.05.2025 recording that two persons posing as carpet-sellers visited the informant's house at about 10:30 a.m. on 29.04.2025, hypnotized his wife and mother and ran away with her gold earrings) allowed without commenting on the merits; interim bail granted on 17.06.2025 made absolute. On arrest, release on a personal bond of Rs. 30,000/- with two reliable sureties of like amount to the satisfaction of the Arresting Officer, subject to: cooperation with and availability for interrogation by the Investigating Agency; regular trial-court attendance if charge-sheet is filed, without unnecessary adjournments; no direct or indirect inducement, threat or promise; no leaving the country without previous permission of the trial court; prosecution agency free to seek cancellation on misuse or violation. State filed no objection despite sufficient opportunity and opposed orally through the Additional Advocate General. Court invoked Article 21: personal liberty a precious fundamental right, to be curtailed only when imperative per the peculiar facts and circumstances. Title page styles the applicants as 'Saiful and Another' whereas the body and operative order identify the applicant as Amjad.

2025:UHC:9171

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14^th OCTOBER, 2025

ANTICIPATORY BAIL APPLICATION NO. 619 of 2025

Saiful and Another

.....Applicants

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicants : Mohd. Safdar, Advocate.

Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder.

Hon’ble Alok Kumar Verma,J.

This Application for anticipatory bail has been

filed by the applicant Amjad in Case Crime No. 139 of 2025, registered at Police Station Jhabrara, District Haridwar. The investigation is pending for the offence under Section 309(4) and Section 318(2) of the Bharatiya Nyaya Sanhita, 2023.

2. As per the First Information Report dated 02.05.2025, two persons went to the informant’s house at about 10:30 a.m. on 29.04.2025 to sell carpets. They hypnotized his wife and mother and ran away with gold earrings of his wife.

3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.

4. Even after availing sufficient opportunity to

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file objection, objection has not been filed by the State.

5. Mr. Mohd. Safdar, Advocate contended that the applicant has been falsely implicated in this matter. He was not involved in the said offence. He is a permanent resident of District Muzaffarnagar, (Uttar Pradesh), therefore, there is no possibility of his absconding. He has not been convicted, and, he was granted interim bail on 17.06.2025, and the conditions of interim bail has not been violated by him.

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. H aving heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 17.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest

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of the applicant Amjad, 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:-

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

9. I t 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.

Nahid

Dt:14.10.2025

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