ABA/517/2023 on 1 November, 2023

[Cites 6, Cited by 0]

Uttarakhand High Court

ABA/517/2023 on 1 November, 2023

Bench: Alok Kumar Verma

               Office Notes, reports,
                      orders or
SL.               proceedings or
       Date                                            COURT'S OR JUDGES'S ORDERS
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      01.11.                            ABA No.517 of 2023
      2023                              Hon'ble Alok Kumar Verma, J.

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in connection with the Case Crime No.333 of 2010 (Criminal Case No.764 of 2012), registered at police station Jwalapur, District Haridwar.

2. Heard Mr. Tapan Singh, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

3. Admittedly, process under Section 82 of the Code of Criminal Procedure, 1973 has not been published yet.

4. Even after getting sufficient opportunity to file objection(s) to the Anticipatory Bail Application, only a short counter affidavit has been filed.

5. Learned counsel for the State has sought further two weeks' time to file a proper and complete objection(s) to the Anticipatory Bail Application.

6. In the interest of justice one more opportunity is being granted.

7. Learned counsel for the State submits that as per the prosecution case, applicant, Bank Manager of State Bank of Bikaner & Jaipur, Branch Arya Nagar, Jwalapur, District Haridwar, fraudulently mortgaged the informant's property in conspiracy with co- accused persons.

8. Mr. Tapan Singh, Advocate, contended that the applicant Bharat Bhushan Jain, Bank Manager of State Bank of Bikaner & Jaipur, Branch Arya Nagar, Jwalapur, District Haridwar, had sanctioned a loan of Rs.4,00,000/- as Cash Credit Limit and the property-in-question was mortgaged as a guarantee of the said amount. There is no evidence on record to connect the applicant with the alleged offence. Applicant, aged about 71 years, is a permanent resident of District Ludhiana (Punjab), therefore, there is no likelihood of his absconding, and, he has no criminal antecedents.

9. List on 30.11.2023 for hearing on Anticipatory Bail Application.

10. In the facts and circumstances of the case, applicant- Bharat Bhushan Jain is directed to be released on Interim 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 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 this Court.

(Alok Kumar Verma, J.) 01.11.2023 Pant/

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Uttarakhand High Court