Affirms settled law that personal liberty is paramount; anticipatory bail warranted when applicant is falsely implicated, has no antecedents, and interim bail conditions are satisfactorily met.
Summary
| Category | Data |
|---|---|
| Case Name | ABA/160/2025 of JASVINDER SINGH Vs STATE OF UTTARAKHAND |
| CNR | UKHC010016902025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Hon’ble Mr. Justice Alok Kumar Verma |
| Court | High Court of Uttarakhand |
| Bench | Single-judge bench |
| Ratio Decidendi |
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| Facts as Summarised by the Court | FIR dated 29.01.2024 alleged that co-accused Manjeet Singh dismantled the informant’s truck (Reg. UA005-3266) and sold its parts as scrap, and misappropriated another vehicle (Reg. UK006-CB0946) with the applicant’s connivance under Sections 420, 467, 468, 471, 120B, 504, 506 IPC. |
| Citations |
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Summary of Legal Reasoning
- The Court invoked Article 21 of the Constitution, holding that personal liberty is a precious fundamental right and may be curtailed only when absolutely imperative under the case’s peculiar facts and circumstances.
- It noted the absence of criminal antecedents, the applicant’s permanent residence in District Rampur (minimising flight risk), and the fact that he had complied with interim bail conditions granted on 17.02.2025.
- Without adjudicating the substantive merits, the Court applied settled bail jurisprudence to grant anticipatory bail, emphasising that multiple charges alone do not warrant denial where there is no evidence of tampering or abscondence.
- Consequently, the interim bail order was made absolute, subject to a personal bond of Rs. 30,000 and two sureties of like amount, along with conditions to cooperate in investigation, attend trial, avoid influencing witnesses, and not leave the country without permission.
Arguments by the Parties
Petitioner (Applicant):
- Falsely implicated; no involvement in the alleged offence.
- Did not receive any amount from the sale or misappropriation.
- Co-accused Manjeet Singh granted regular bail; applicant has no criminal antecedents.
- Permanent resident of District Rampur, Uttar Pradesh—no risk of absconding.
- Interim bail granted on 17.02.2025 was duly complied with and not misused.
Factual Background
In Case Crime No. 24 of 2024, an FIR dated 29.01.2024 at Police Station Transit Camp, Udham Singh Nagar charged co-accused Manjeet Singh with dismantling an informant’s truck (Reg. UA005-3266) and selling its parts, and misappropriating a canter (Reg. UK006-CB0946) with the applicant’s connivance under Sections 420, 467, 468, 471, 120B, 504, and 506 IPC. The applicant sought anticipatory bail; interim bail was granted on 17.02.2025. The State and informant opposed the application before the High Court of Uttarakhand.
Citations
- [2025] UHC 7248 (Uttarakhand)
- Anticipatory Bail Application No. 160 of 2025
- CNR UKHC010016902025