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CDJ 2026 Utt HC 003
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| Court : High Court of Uttarakhand |
| Case No : Anticipatory Bail Application No.1281 Of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE ALOK KUMAR VERMA |
| Parties : Pradeep Kumar Sharma Versus State of Uttarakhand & Another |
| Appearing Advocates : For the Applicant: Siddhartha Sah, Advocate. For the Respondents: Tumul Nainwal, Assistant Government Advocate. |
| Date of Judgment : 02-01-2026 |
| Head Note :- |
| Indian Penal Code, 1860 - Section 420 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Indian Penal Code, 1860
- Section 409
- Section 420
2. Catch Words:
- Anticipatory bail
- Interim bail
- Personal bond
- Sureties
- Arrest
- Cooperation with investigating agency
3. Summary:
The applicant, a retired Additional General Manager, faced an FIR under Sections 409 and 420 IPC for alleged embezzlement in a street‑light backup energy project. The learned Sessions Judge rejected his anticipatory bail application. Counsel for the applicant argued the allegations were false and that internal audits raised no objections. The respondent’s counsel sought additional time to file an objection, which was granted. The court issued a notice to the second respondent and, as an ad‑interim measure, directed that if the applicant is arrested he may be released on bail upon furnishing a personal bond of Rs.30,000 and two sureties of equal amount, subject to conditions of cooperation, non‑inducement, and no travel abroad without permission. A further hearing was fixed for 17‑03‑2026.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. This Application for anticipatory bail has been filed in Case Crime No.77 of 2025, registered at Police Station Nehru Colony, District Dehradun under Section 409 and Section 420 of the Indian Penal Code, 1860.
2. The Anticipatory Bail Application (No.1364 of 2025) of the applicant has been rejected by the learned Sessions Judge, Dehradun on 19.12.2025.
3. Heard Mr. Siddhartha Sah, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1.
4. Mr. Siddhartha Sah, Advocate, submitted that the First Information Report has been lodged against the applicant alleging that excessive amount was spent for the works of the department with respect to the works of Integrated Industrial Establishment facility towards construction of street light backup energy project. Applicant has embezzled the money.
5. Mr. Siddhartha Sah, Advocate, contended that the said allegations against the applicant, aged about 68 years, are false. Applicant was superannuated on 31.03.2018 from the post of Additional General Manager. It was a routine practice in the working of Nigam that for the immediate need in one work, if the required amount is not received from the department, the amount existing for other works used to be utilized. Therefore, no loss was caused since Form-16 was submitted in the present matter and no objection was raised in the Internal Audits, Statutory Audits and A.G. Audits.
6. Mr. Tumul Nainwal, Assistant Government Advocate, has sought three weeks' time to file objection to the anticipatory bail application.
7. Time is granted.
8. Notice is being issued to the respondent no.2. Steps to be taken within three days.
9. Having heard the learned counsel for the parties and in the facts and circumstances of the case, as an ad- interim measure, it is directed that in the event of arrest of the applicant Pradeep Kumar Sharma, he shall be released on interim bail on executing a personal bond of Rs.30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Investigating Officer/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) 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.
10. List on 17.03.2026 for hearing on the anticipatory bail application.
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