High Court of Uttarakhand reaffirms established bail jurisprudence, allowing release once a charge-sheet is filed and tampering risk is minimal
Summary
| Category | Data |
|---|---|
| Case Name | BA2/172/2025 of KULDEEP NANDRAJOG Vs STATE OF UTTARAKHAND |
| CNR | UKHC010095142025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Hon’ble Mr. Justice Alok Kumar Verma |
| Court | High Court of Uttarakhand |
| Bench | Single Judge |
| Precedent Value | Affirms existing precedent |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Law |
| Questions of Law | Entitlement to bail under Sections 420 and 120B IPC in light of Article 21 of the Constitution |
| Ratio Decidendi |
The court reaffirmed that bail is the rule and committal to jail is the exception under Article 21 of the Constitution. It held the object of pre-trial detention is to secure attendance, not to punish. Given no risk of tampering, the existence of a filed charge-sheet, and the co-accused’s grant of bail, there was no justification to detain the applicant. His lack of personal involvement in the sale transaction and the company’s liquidation further diminish any flight risk. Consequently, bail at this stage was appropriate. |
| Facts as Summarised by the Court |
An FIR dated 05.02.2024 alleged that the informant paid in full for a plot from M/S Octagon Builders & Promoters Pvt Ltd directed by the applicant and another, but was denied registry and possession. The case was registered under Sections 420 and 120B IPC, and the first bail application was withdrawn with liberty to file afresh. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Emphasis on Article 21’s guarantee of personal liberty, and the settled principle that bail is the rule and committal to jail is an exception. |
| Citations | 2025:UHC:7507 |
What’s New / What Lawyers Should Note
- Reiteration that “bail is the rule and committal to jail is an exception,” grounded in Article 21.
- Filing of a charge-sheet and absence of tampering risk strongly support bail.
- Prior grant of bail to a co-accused is a relevant factor.
- Lack of direct involvement in the alleged offence and the company’s liquidation reduce flight risk.
Summary of Legal Reasoning
- Reaffirmed the settled principle under Article 21 that bail is the norm and detention is an exception.
- Noted that pre-trial detention serves to secure attendance, not to punish.
- Found no risk of tampering with evidence once a charge-sheet is on record.
- Considered the grant of bail to co-accused and the applicant’s permanent residence as minimizing flight risk.
- Observed the applicant had no direct role in the sale transaction and that the company was under liquidation.
- Concluded that continued detention lacked justification and bail should be granted.
Arguments by the Parties
Petitioner
- Applicant was falsely implicated and had no nexus with the plot sale.
- Entire transaction handled by another director; the applicant neither received funds nor executed registry.
- Company under liquidation with related proceedings pending before the Delhi High Court.
- Co-accused had already secured bail; charge-sheet filed; no tampering or absconding risk.
Respondent
- Opposed the bail application (oral submissions only).
Factual Background
An FIR dated 05.02.2024 was registered at Bahadarabad Police Station, Haridwar, under Sections 420 and 120B IPC, alleging that the informant paid in full for a plot from M/S Octagon Builders & Promoters Pvt Ltd but was refused registry and possession by its directors (including the applicant). The first bail application was withdrawn on 17.06.2025 with liberty to file a fresh petition, leading to this second bail application.
Statutory Analysis
- Section 420 IPC: Cheating and dishonestly inducing delivery of property.
- Section 120B IPC: Punishment for criminal conspiracy.
- Article 21 of the Constitution: Guarantee of personal liberty and the foundation for bail jurisprudence.
Alert Indicators
- ✔ Precedent Followed
Citations
- Neutral citation: 2025:UHC:7507
- CNR: UKHC010095142025