IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE

RISHIKESH

INDEX
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana ………Applicant/Accused

VERSUS

State of Uttarakhand & Others …………Respondents

INDEX
Sl. Particulars Page No.
No.
1. Index

2. Memo of Parties

3. List of Advocates

4. Surrender Application on behalf of Applicant / Accused

5. Bail Application U/s 437 Cr.P.C. on behalf of Applicant /

Accused

6. Affidavit of Applicant / Accused in support of Bail Application

7. Annexure No. 1 - Copy of the order-dated 04.02.2019 passed by

 the Ld. Sessions Judge, Dehradun in Anticipatory Bail

Application No. 1213 of 2018 is annexed hereto and marked as

ANNEXURE No -1.

8. Annexure No. 2 - Copy of the order dated 25.02.2020 passed by the

Hon’ble High Court of Uttarakhand at Nainital in Krishna Shamsher v.

State of Uttarakhand & Ors., in criminal Misc. Application No. 337

of 2020is annexed hereto and marked as ANNEXURE No -2.

9. Annexure No. 3 - Copy of the order dated 15.06.2020 passed by the

Hon’ble High Court of Uttarakhand at Nainital in Krishna Shamsher v.

State of Uttarakhand & Ors., Anticipatory Bail Application No. 3 of

2020 is annexed hereto and marked as ANNEXURE No -3.

10. ANNEXURE No 4 - Copy of the order dated 23.09.2020 passed

by Court of Learned Sessions Judge, Dehradun is annexed hereto

and marked as ANNEXURE No -4.

11. ANNEXURE No 5 - Copy of the order dated 25.09.2020, in W.P.

(Crl.) No 225/2020 passed by Hon’ble Supreme Court is annexed

hereto and marked as ANNEXURE No -5.

12. ANNEXURE No 6 - Copy of the order dated 29.01.2021, in

Anticipatory Bail No. 23 of 2020 passed by the Hon’ble High

Court, Uttarakhand is annexed hereto and marked as

 ANNEXURE No -6.

13. ANNEXURE No 7 - Copy of the order dated 11.02.2021, in

Anticipatory Bail No. 277 of 2021 passed by the Learned District

Judge, Dehradun is annexed hereto and marked as ANNEXURE

No -7.

14. ANNEXURE No 8- Copy of the order dated 17.06.2022, in

Anticipatory Bail No. 150 of 2021 passed by the Hon’ble High

Court, Uttarakhand is annexed hereto and marked as

ANNEXURE No -8.

15. ANNEXURE No 9- Copy of the order dated 28.11.2022, in SLP

(Crl.) No 11106/2022 passed by Hon’ble Supreme Court is

annexed hereto and marked as ANNEXURE No -9.

16. ANNEXURE No 10- Copy of the order dated 22.03.2023, in

SLP (Crl.) No 11106/2022 passed by Hon’ble Supreme Court is

annexed hereto and marked as ANNEXURE No -10.

17. Vakalatnama
Dated: 12.2023

Advocate(s)
Counsel for the Applicant
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

Memo of Parties
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Memo of Parties
Krishna Shamsher JB Rana,
5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused

VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at –
1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

Dated:- Counsel for the Applicant

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

LIST OF ADVOCATES
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana ………Applicant/Accused

VERSUS

State of Uttarakhand & Others …………Respondents

Saurabh Agarwal (Advocate)

Office: Chamber No. – 347, First Floor, Civil Court, Ram Nagar, Roorkee –
247667, District – Haridwar, (U.K.).
Enrollment No – UK – 435/2015
E-mail: adv.saurabh.agarwal@gmail.com
Phone- 9917077842, 9599778427
On behalf of Applicant/Accused

DGC (Criminal), District – Dehradun, for State of Uttarakhand

On behalf of Respondents

Dated:- Counsel for the Applicant/Accused

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

SURRENDER APPLICATION
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana,

5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused
VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at
–1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

APLLICATION FOR SURRENDER OF APPLICANT / ACCUSED

That the humble application of the applicant above named most respectfully
prayed as under:-

1. That the above noted case is pending for adjudication in this Hon’ble

Court and is fixed for 18.12.2023.

 2. That the applicant/accused is a well educated and reputed person and the

allegations made against the applicant/accused are based on totally false

and fabricated grounds and also the FIR has been lodged with a mala fide

intention only to harass the innocent applicant/accused, which will lead to

vitiate the prestige and reputation of the innocent applicant by sending

him to jail.

3. That the applicant/accused surrenders himself in the Court today.

4. That the applicant/accused is a respectable resident of India and has no

intention to abscond. Rather the applicant shall contest the aforesaid case

to the best of his ability.

5. That the applicant/accused is ready to furnish the bail application along

with bail bonds to the satisfaction of the Hon’ble Court.

PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to accept the surrender of the Applicant /

Accused and he may kindly be taken into custody.

Dated:- Counsel for the Applicant

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

BAIL APPLICATION
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana,

5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused
VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at
–1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

APPLICATION UNDER SECTION 437 OF THE CODE OF CRIMINAL

PROCEDURE, 1908 ON BEHALF OF THE APPLICANT FOR BAIL
BEFORE THIS HON’BLE COURT

That the humble application of the applicant above named most respectfully
prayed as under:-
MOST RESPECTFULLY SHOWETH:

1. That the applicant is a law abiding citizen and has the utmost respect for the law.
2. That the applicant apprehends arrest by the police in FIR No. 145/2018 dated
03.09.2018 registered with P.S. Raiwala, Dehradun under Sections 419, 420,
467, 468 and 471, Indian Penal Code which is based on false and fabricated
grounds. Further, it is stated that the FIR has been lodged only with a malafide
intention to harass the Applicant, who is an innocent person of repute and in
order to tarnish his reputation by getting him arrested in connection with the
false FIR.

3. That the petitioner/applicant is an elderly person of 68 years of age suffering

from various medical ailments.

4. That the applicant in this false and fictious case is seriously apprehending his
arrest and left with no option, but to approach this Hon’ble High Court for
protection of his fundamental rights as guaranteed by Article 21 of the
Constitution of India.

5. That the applicant has cooperated with the investigating agency during the entire
period of investigation. He has neither been arrested nor did police seek his
custodial interrogation at any point of time. The police has now filed the
chargesheet and the learned court has taken cognizance of the matter.

6. That the entire case against the applicant is based on documentary evidences and
there is no averment against the applicant that he has either tried to or could
tamper with the evidences.

7. That the entire allegation against the applicant is without any basis, arising out of
property dispute between own brothers and cannot be substantiated against the
applicant since the person who has allegedly committed offence of
impersonation has died much before registration of FIR.
8. That the inordinate delay in FIR shows the malafide intention of the complainant
and he cannot plead ignorance since he was a party to the alleged incident
committed by his deceased cousin.

9. That the applicant has a good case on merits which is likely to be decided in his
favor. That the applicant is absolutely innocent and undertakes to abide by all
terms and conditions, which may be imposed by this Hon’ble Court while
granting bail.

10. That the applicant has continued to cooperate with the police in the investigation
and will continue to do so in case bail is granted by this Hon’ble Court.

11. That the full facts and circumstances of the case narrated in the accompanying
affidavit, which forms part of this application, it is expedient and necessary in
the interest of justice that this Hon’ble High Court in the FIR No. 0145 of 2018
dated 03.09.2018 filed at P. S. Raiwala, District – Dehradun.

12. That the applicant has continued to cooperate with the police in the investigation
and will continue to do so in case bail is granted by this Hon’ble Court.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

1. That this Hon’ble Court in complicate to order dated 28.11.2022 & 22.03.2023

passed by Hon’ble Apex Court in S.L.P.(Crl.)No 11106/2022, may direct the

release of the Applicant/Accused on bail u/s 437 Cr.P.C. in connection with FIR

No. 145/2018 dated 03.09.2018 registered with P.S. Raiwala, Dehradun under

Sections 120B, 419, 420, 467, 468 and 471 of Indian Penal Code;
2. Pass such other order as this Hon’ble Court may deem fit and proper in facts and

circumstances of the case and in the interest of justice.

Dated:- Counsel for the Applicant

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

AFFIDAVIT
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana,

5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused
VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at
–1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

Affidavit of Krishna Shamsher JB Rana

(Male) age about 68 year S/o Late Shri
Colonel Shashi Shamsher Jang Bahadur
Rana R/o - 13, Young Road, Cantt. Area,
District - Dehradun, PS – Patel Nagar,
Uttarakhand.

DEPONENT
 I, the deponent above named do hereby solemnly affirm and state on oath

as under.

I. That the deponent is the applicant in the aforesaid bail application and as

such he is fully acquainted with the facts of the case deposed below: -

II. The present application is being filed pursuant to the order dated

11.02.2021 passed by the Learned Sessions Judge, Dehradun,

Uttarakhand in Anticipatory No. 277 of 2021. Vide the said order, the

Learned Sessions Judge, Dehradun, Uttarakhand was pleased to set aside

the anticipatory bail application of the applicant which was filed in

pursuant to order dated 29.01.2021 passed by this Hon’ble Court in

Anticipatory Bail Application No 23 of 2020, wherein this Hon’ble Court

has relegated the matter to Learned Sessions Judge, Dehradun,

Uttarakhand for fresh consideration on merits.

III. That the Applicant ‘Mr. Krishna Shamsher JB Rana’ (hereinafter referred as

Deponent) is a bonafide resident of India having permanent Residential address

as 13, Young Road, Cantt. Area, Dehradun.

IV. The Deponent is a senior citizen of 67 years old aged and is law-abiding

person and has every respect for the law.

V. That the applicant apprehends arrest by the police in FIR No. 145/2018

dated 03.09.2018 registered with P.S. Raiwala, Dehradun under Sections

120B, 419, 420, 467, 468 and 471, Indian Penal Code which is based on

false and fabricated grounds. Further, it is stated that the FIR has been

lodged only with a malafide intention to harass the Applicant, who is an

innocent person of repute and in order to tarnish his reputation by getting

him arrested in connection with the false FIR.

VI. That the F.I.R filed is on completely baseless, false, frivolous, malafide

allegations and aims to harass the Applicant. The facts and the offences

stated in the complaint are false, fabricated, concocted and without any

basis. Such can be seen from the false representation of facts made by the

Complainant in the F.I.R.

VII. That the said FIR has been filed on the basis of a complaint filed by one

Rishi Shamsher Jung Bahadur @ Rishi Rana (Respondent No. 3), who is

the brother of the applicant. The dispute between the applicant and his

brother arose from inter-se familial issues relating to running of family

trust i.e Cambrian Hall Educational Trust. This led to Mr. Rishi Rana

sending a complaint letter against the deponent/applicant alleging falsely

that the applicant/deponent had forged a power of attorney by

impersonating his brother in 2011. On the basis of the said complaint the
 aforesaid FIR No. 145/2018 was registered at P.S. Raiwala Police Station,

Dehradun.

VIII. That from prima facie reading of the FIR, it is clear that the complainant,

Rishi Shamsher Jung Bahadur @ Rishi Rana has filed the said FIR not

due to any alleged act of forgery but as a result of him not being made

part of the board of Cambrian Hall Educational Trust which runs the

prestigious Cambrian School, Dehradun.

IX. That the Respondent No. 3 settled in Australia in the year 1985, and the

Applicant remained in Dehradun, India and took care of their mother i.e.

Rani Chandra Raj Laxmi until her unfortunate demise in 2018. Upon the

health of the mother starting to fail, the Respondent No. 3 with sole

intention to pressure the Applicant, filed a complaint in regard to the

management of affairs of the Cambrian Hall Educational Trust, which led

to lodging of FIR No. 145 of 2018 dated 03.09.2018.

X. That the FIR No. 145 of 03.09.2018 has inter-alia been lodged against the

Applicant on the ground of forgery of the power of attorney dated

12.07.2011 of the Respondent No. 3. However, Respondent No. 3 has

lodged the FIR after an extraordinary delay of 7 years. It is further

submitted that it is highly improbable that the Respondent No. 3 was not

aware of the purported forgery by his brother i.e. Applicant despite

 coming to India several times from Australia. It is clear that the said FIR

has been registered with delay only to pressurize the applicant to allow

the complainant Rishi Shamsher Jung Bahadur @ Rishi Rana to become

the president of Cambrian Hall Educational Trust.

XI. That charge sheet dated 04.02.2019 has been filed by the police in the

matter, and the offences alleged against the Applicant are based upon

photocopied document, which is inadmissible in evidence.

XII. That a procedural irregularity in the execution of Power of Attorney in

the present matter is being fabricated as an offence by the Respondent

No. 3. That mere procedural error cannot be fabricated to project it as an

offence.

XIII. That the Applicant is a senior citizen aged 68 years and suffering from

several ailments including hypertension, diabetes and respiratory ailment.

XIV. That the applicant in this false and fictitious case and is left with no

option, but to approach this Hon’ble Court for protection of his

fundamental rights as guaranteed under Article 21 of the Constitution of

India.

XV. That the Applicant in the aforesaid Bail application is fully acquainted

with the facts of the case described below: -

1. That the Respondent No. 3 lodged the FIR against the Applicant under

Sections 120B, 419, 420, 467, 468 and 471 of Indian Penal Code, 1908 in

the FIR No. 0145 of 2018 dated 03.09.2018 at P.S. Raiwala, District –

Dehradun.

2. That on 04.02.2019, apprehending arrest against the FIR No. 0145 of

2018 dated 03.09.2018, the Applicant was constrained to approach Ld.

Sessions Court, Dehradun under Anticipatory Bail Application No. 1213

of 108 seeking anticipatory bail under section 438 of the Code of

Criminal Procedure, 1973 (hereinafter ‘CrPC’). However, the Ld.

Sessions Judge, Dehradun was pleased to dismiss the application for

Anticipatory Bail of the Applicant on the ground that the Applicant had

not established any special circumstance for grant of such remedy.

3. Upon completion of investigation in FIR No. 0145 of 2018 dated

03.09.2018, a charge sheet dated 04.02.2019 was submitted by the police

against the Applicant. In the charge sheet, the police has relied upon the

photocopied document, which is inadmissible in evidence.

4. In the charge sheet, the police also relied upon an expert report dated

04.02.2019 in respect of the thumb impressions which in itself were not fit

for comparison and that no conclusive opinion of similarity or difference can

 be given on such thumb impression and fingerprints on power of attorney

dated 12.07.2011.

5. That on 15.06.2020, Applicant aggrieved by the rejection of the Anticipatory

Bail by the Sessions Court, the Applicant approached the Hon’ble High

Court, Vide Anticipatory Bail Application No. 3 of 2020, seeking grant of

Anticipatory Bail under section 438 of CrPC.

However, the Hon’ble High Court was pleased to dismiss the application

under Section 438 of CrPC on the ground that in view of the order of the

Hon’ble Vishnu Sahai v State of Uttarakhand, review Application No. 44 of

2019 in Special Appeal 739 of 2018, the provisions of section 438 of CrPC

would not be applicable in the State of Uttarakhand.

6. On 11.08.2020, vide Notification No. 205/XXXVI(3)/2020/82(1)/2019 ,

Section 438 of CrPC is applicable in State of Uttarakhand.

BRIEF FACTS (DATE-WISE)

7. The Applicant is the full blood brother of the Respondent No. 3

(Complainant), and is the President of the family trust i.e. Cambrian Hall

Educational Trust. Certain disputes have arisen between the Applicant and

the Respondent No. 3 concerning the management and control of Cambrian

Hall Educational Trust, which resulted in the Respondent No. 3 filing a

 complaint against the Applicant consequently leading to registration of FIR

No. 0145 of 2018 dated 03.09.2018.

The Applicant, in his capacity of President, has been managing the family

trust i.e. Cambrian Hall Educational Trust.

8. On 12.07.2011, a revocable power of attorney was executed by the

Respondent No. 3 in favour of the Applicant.

9. On 29.05.2015, Pursuant to the understanding between the Applicant and the

Respondent No. 3, the Applicant vide sale deed dated 29.05.2015 sold the

land in Rishikesh, Dehradun, Uttarakhand for a total sum of INR 30 lakhs. It

is imperative to state that the Applicant and the Respondent No. 3 were equal

owners of the said property. Further to the sale, the entire proceeds i.e. INR

30 lacs were transferred by the Applicant to his mother.

10. It is stated that there are certain ongoing disputes regarding the management

and control of Cambrian Hall Educational Trust.

11.It is further stated that the Respondent No. 3 despite staying in Australia and

not being a trustee of the Cambrian Hall Educational Trust started to assert

himself in the affairs of the Cambrian Hall Educational Trust, which led to

certain disputes with the Applicant, who is the President.

12. On 03.09.2018, upon the health of their mother Late Rani Chandra Raj

Laxmi deteriorating on account of cancer, the Respondent No. 3 started to

 create further disputes and started making attempts to take over the

management of Cambrian Hall Educational Trust. In furtherance of the said

objective, the Respondent No. 3 proceeded to file a complaint concerning the

affairs of the trust against the Applicant.

Further to the complaint of the Respondent No. 3, FIR No. 0145 of 2018

dated 03.09.2018 was registered against the Applicant under Section 419,

420, 467, 468 and 471 of the Indian Penal Code, 1860.

13. On 04.02.2019, apprehending arrest against the FIR No. 0145 of 2018 dated

03.09.2018, the Applicant was constrained to approach the Ld. Court of

Sessions Judge, Dehradun under Anticipatory Bail Application No. 1213 of

2018 seeking anticipatory bail under Section 438 of the Code of Criminal

Procedure, 1973 (hereinafter‘Cr.P.C.’). However, the Ld. Session Judge,

Dehradun was pleased to dismiss the application for anticipatory bail of the

Applicant on the ground that the Applicant had not established any special

circumstance for grant of such remedy.

Copy of the order-dated 04.02.2019 passed by the Ld. Sessions Judge,

Dehradun in Anticipatory Bail Application No. 1213 of 2018 is annexed hereto

and marked as ANNEXURE No -1.

14. On 04.02.2019, Upon completion of investigation in FIR No. 0145 of 2018

dated 03.09.2018, a charge sheet dated 04.02.2019 was submitted by the

police against the Applicant.

15. On 26.03.2019, Ld. Judicial Magistrate, Rishikesh, Dehradun was pleased to

take cognizance in the matter and issued summons to the Applicant.

16. On 17.03.2020, the Applicant sought an expert opinion on the conclusions

in the expert report dated 04.02.2019 issued by SCRB, PHQ Uttarakhand

Dehradun.

As against the opinion in expert report dated 04.02.2019 issued by SCRB,

PHQ Uttarakhand Dehradun, the expert was of the view that the thumb

impressions in the power of attorney dated 12.07.2011 were not fit for

comparison and that no conclusive opinion of similarity or difference can be

given on such thumb impression.

17.That vide order dated 25.02.2020 in criminal Misc. Application No. 337 of

2020 titled “Shri Krishna v State of Uttarakhand & Ors” the Hon’ble High

Court of Uttarakhand at Nainital u/s 482 Cr.P.C. has disposed off the

application.

Copy of the order-dated 25.02.2020 passed by the Hon’ble High Court of

Uttarakhand at Nainital in Criminal Misc Application No. 337 of 2020 is

annexed hereto and marked as ANNEXURE No -2.

18.On 01.04.2020, Further to an application preferred by the Applicant, the Ld.

Judicial Magistrate, Rishikesh, Dehradun was pleased to confirm that the

copy of the power of attorney dated 12.07.2011 in the records was a

photocopy.

19.That on 15.06.2020, Applicant aggrieved by the rejection of the Anticipatory

Bail by the Sessions Court, the Applicant approached the Hon’ble High

Court, Vide Anticipatory Bail Application No. 3 of 2020, seeking grant of

Anticipatory Bail under section 438 of CrPC.

However, the Hon’ble High Court was pleased to dismiss the application

under Section 438 of CrPC on the ground that in view of the order of the

Hon’ble Vishnu Sahai v State of Uttarakhand, review Application No. 44 of

2019 in Special Appeal 739 of 2018, the provisions of section 438 of CrPC

would not be applicable in the State of Uttarakhand.

Copy of the order dated 15.06.2020 passed by the Hon’ble High Court of

Uttarakhand at Nainital in Krishna Shamsher v. State of Uttarakhand & Ors.,

Anticipatory Bail Application No. 03 of 2020 is annexed hereto and marked as

ANNEXURE No -3.

20. Further to the reinstatement of the provision of anticipatory bail in the State

of Uttarakhand, the Applicant approached Court of Learned Sessions Judge,

 Dehradun seeking grant of Anticipatory Bail. However, vide order dated

23.09.2020, Court of Learned Sessions Judge, Dehradun was pleased to

dismiss the same.

Copy of the order dated 23.09.2020 passed by Court of Learned Sessions

Judge, Dehradun is annexed hereto and marked as ANNEXURE No - 4.

21. Further to the rejection of the application of Anticipatory Bail by Court of

Learned Sessions Judge, Dehradun, the Applicant preferred to file W.P.

(Crl.) No. 225/2020 before Hon’ble Supreme Court of India which was

disposed of by the Hon’ble Apex Court vide order dated 25.09.2020.

Copy of the order dated 25.09.2020 passed by the Hon’ble Supreme Court of

India in Krishna Shamsher v. State of Uttarakhand & Ors., W.P.(Crl.) No.

225/2020 is annexed hereto and marked as ANNEXURE No -5.

22. Further to the rejection of the application of Anticipatory Bail by Court

of Learned Sessions Judge, Dehradun, the Applicant preferred

Anticipatory Bail No. 23 of 2020 before the Hon’ble High Court,

Uttarakhand. The Hon’ble High Court, Uttarakhand, vide order dated

29.01.2021, was pleased to quash and set aside the order dated

23.09.2020 passed by Court of Learned Sessions Judge, Dehradun and

further relegated the matter to Court of Learned Sessions Judge, Dehradun

for fresh consideration.

 Copy of the order dated 29.01.2021, in Anticipatory Bail No. 23 of 2020

passed by the Hon’ble High Court, Uttarakhand is annexed hereto and

marked as ANNEXURE No -6.

23.That on 11.02.2011, the Learned Sessions Judge, Dehradun rejected the

application of anticipatory bail application no. 277/2021 filed by the

applicant in connection with FIR No. 0145/2018 on completely erroneous

basis and without any application of mind.

Copy of the order dated 11.02.2021 passed by Leaned Sessions Court,

Dehradun in Anticipatory Bail Application No. 277 of 2021 is annexed and

marked as Annexure No - 7.

24. That on 17.06.2022, the Hon’ble High Court of Uttarakhand at Nainital

rejected the application of Anticipatory Bail No 150 of 2021 filed by the

applicant/accused in connection with FIR No. 0145/2018.

Copy of the order dated 17.06.2022 passed by Hon’ble High Court of

Uttarakhand at Nainital in Anticipatory Bail No 150 of 2021 is annexed

and marked as Annexure No - 8.

25.Further to the rejection of the application of Anticipatory Bail No 150 of

2021 vide order dated 17.06.2022 passed by Hon’ble High Court of

Uttarakhand at Nainital, applicant/accused thereafter, filed a S.L.P.(Crl.)

No 11106 of 2022 before Hon’ble Supreme Court of India, wherein, vide

 order dated 28.11.2022, Hon’ble Supreme of India partially granted interim

relief to the applicant/accused,

That the relevant portion of the order dated 28.11.2022 states as herein under:

“3. In the meanwhile, there shall be interim protection against the

arrest of the petitioner, subject to the petitioner diligently

participating in the trial and also complying with the conditions

under Section 438 (2) of the code of Criminal Procedure

(Cr.P.C.).”

Copy of the order dated 28.11.2022 passed by Hon’ble Supreme Court of

India in S.L.P.(Crl.) No 11106 of 2022 is annexed and marked as Annexure

No - 9.

26. That vide dated 22.03.2023 in S.L.P.(Crl.) No 11106 of 2022, Hon’ble

Apex Court has affirmed the protection granted to the applicant / accused till

end of the process/trial.

That the relevant portion of the order dated 28.11.2022 states as herein

under:

“It is not in dispute that subsequently the investigation has been completed and the

charge sheet has been filed. If that be the position, there is no reason for us to

modify the order dated 28.11.2022. In that view, the interim protection granted to
 the petitioner shall enure to his benefit until completion of the process subject to

the petitioner diligently participating in the process.”

27.That in view of the facts and circumstances of the case, it is expedient and

necessary in the interest of justice that the applicant be released on

anticipatory bail in case the police authorities arrest or detain him in

connection with FIR No. 0145/2018 registered at P.S. Raiwala on inter alia

the following grounds, which are taken without prejudice to one another::

GROUNDS

A. Because there is no prima facie case or offence that has been committed

by the Applicant.

B. Because the FIR has been filed by the brother of the applicant on false

and fabricated grounds with the mala fide intention to harass the

applicant, who is an innocent person of repute. The FIR has been filed

with the sole objective of tarnishing the reputation of the applicant by

getting him arrested and ousting him from the management of the family

trust i.e., Cambrian Hall Educational Trust.

C. Because the matter was investigated by the SIT, yet the chargesheet was

filed by Sub-Inspector in place of SIT. That on 04.02.2019, Sub

Inspector, Police Station Raiwala Dehradun Vikram Singh, had filed the
 chargesheet, no other authority other then the investigating agency in the

case can file chargesheet.

D. Because 04.02.2019, there was an Expert Opinion, which was filed along

with the above, mentioned chargesheet. There are so many discrepancies

in the Expert Opinion Report as no where in the report- the nature of the

document is discussed; Pattern of finger print is mentioned; hand writing

report and photo forensic report is there; even thumb print on which State

Expert is relying is not a complete thumb print (that 50% of the thumb

impression is missing).

E. Because the document on which the SIT relying was just a photocopied

document.

F. Because the FIR was lodged after the investigation was done by SIT.

G. Because the procedure that has been established by Code of Criminal

Procedure was not followed. That it is pertinent to note here that section

154 of CrPC, deals with the Information in Cognizable Cases to be given

before officer-in-charge of Police Station, but here the information was

directly given to SIT.

H. Because complainant had chosen their own Investigating Agency.

I. Because there was a mere procedural error that has been malafidely been

fabricated as an offence.
J. Because the Power of Attorney dated 12.07.2011 was executed in Hindi

and it is pertinent to mention here that applicant cannot read, write or has

knowledge of Hindi language.

K. Because no offence been committed as per the given facts of the case,

thereby there is no question of cognizable or non-cognizable offence

being made out.

L. Because there is a substantial delay in the filing of the present FIR i.e. a

delay of over 7 years from the registration of the alleged forged power of

attorney. As per the admitted case of the complainant, he had become

aware of the allegedly fraudulent sale in 2015 but he did not take any

action apart from informing the board of Cambrian Hall Educational

Trust. Furthermore, as per the complaint, Mr. Rishi Rana had become

aware of the alleged crimes committed by Applicant in January 2018 but

chose not to file a complaint/FIR till September, 2018. This clearly

exhibits that the complainant is making wrongful use of the State

machinery to further his own agenda of ousting his brother from the

family trust.

M. Because the allegation leveled in the FIR are totally whimsical as it was

the Respondent himself who had executed the Power of Attorney dated

12.07.2011. Despite the same, he has leveled charges against the

 Applicant after a span of 7 years. It is pertinent to note that the

Respondent used to visit India multiple times each year and it is absurd to

say that Respondent was not aware of the existence of the said Power of

Attorney.

N. Because all the witnesses and other power of attorney holders are not

alive and hence there exists no sufficient evidence to continue the

proceedings which will eventually be futile.

O. Because the probe of SIT is unjustified since it does not involve a prima

facie case.

P. Because the complaint has been made after a span of 7 years and that the

Respondent No. 3 was always aware of the Power of Attorney that he

executed and also that he has received the sale proceeds.

Q. Because it is clear that the said FIR has been registered with delay only to

pressurize the applicant to allow the complainant Rishi Shamsher Jung

Bahadur @ Rishi Rana to become the president of Cambrian Hall

Educational Trust. It is also clear that the complainant was always aware

of the allegedly fraud power of attorney that he executed and has pursuant

to the same received the sale proceeds.

R. Because there is no case made out against the applicant and the present

FIR has been registered by the complainant as a result of inter se family

 disputes between the applicant and complainant in relation to control and

management of Cambrian Hall Educational Trust. The same is prima

facie apparent from the contents of the FIR filed by the complainant, Mr.

Rishi Rana wherein it has been mentioned at length by the complainant

that as a result of him being not made a member of the Cambrian Hall

Educational Trust, he started investigating the applicant with the

objective of arm twisting him.

S. Because the charge sheet has been filed in connection with the said FIR

on 04.02.2019 without the investigating agency having required to arrest

the applicant. That all the evidence required by the investigating agency

is already in the custody of the Learned Court or in the custody of the

registration authority. Further the entire case against the applicant is

based on documentary evidence and there is no averment against the

applicant that he has either tried to or could tamper with the evidence.

Therefore, there can be no apprehension that the applicant would tamper

with evidence.

T. Because the alleged Power of Attorney has never been made by the

Applicant and it is wholly false that Applicant has forged the document.

That all the other witnesses are not alive and in that case the allegations

cannot be sustained.
U. Because the FIR has been lodged to harass and humiliate the Applicant

with the ulterior motive to take control of the Cambrian Hall Society.

V. Because in view of the facts and circumstances of the case, it is expedient

and necessary in the interest of justice that Applicant apprehends that on

the basis of the false allegations contained in the said FIR and

chargesheet, the police authorities are likely to arrest / detain him.

W.Because the Applicant is a senior old aged man, well known in the

locality where he stays and the President of Cambrian Hall Trust,

Dehradun. The Applicant is an Income-tax assesse. The Applicant has

acquired his reputation, which would be tarnished if he is arrested and/or

detained.

X. Because the object of Article 21 of Constitution of India is to prevent

encroachment upon personal liberty in any manner. Article 21 is

repository of all human rights essential for a person or a citizen. That

Section 438 is a procedural provision which is concerned with the

personal liberty of the individual, who is entitled to the benefit of the

presumption of innocence since he is not, on the date of his application

for anticipatory bail, convicted of the offence in respect of which he seeks

bail.
 Y. Because the key witnesses including the alleged impersonator and the

mother of the applicant are not alive, and no other material

evidence/person is available to continue the proceedings against the

applicant. The complainant has conveniently chosen to file the complaint

in the present matter after the death of the alleged impersonator and the

beneficiary i.e. his mother in order to prevent the applicant from bringing

forth the truth in relation to the sale transaction.

Z. Because Applicant is having very good antecedents, he belongs to a good

family and there is no criminal case pending against them.

AA. Because the Applicant undertakes to present himself before the

police/court as and when directed.

BB. Because the Applicant undertakes that he will not, directly or indirectly

make any inducement, threat or promise to any person acquainted with

the facts of the case so as to dissuade him from disclosing such facts to

the Court or to any police officer.

CC. Because the Applicant further undertakes not to tamper with the evidence

or the witnesses in any manner.

DD. Because the Applicant undertakes to abide by all the terms and conditions

as imposed by this Hon’ble court in the event of bail and to not to misuse

the concession of bail granted by this Hon’ble Court.

 EE. Because the Ld. Judicial Magistrate, Rishikesh, Dehradun, failed to

appreciate that the Applicant has no criminal antecedents, and the present

matter is essentially a civil dispute arising in respect to the management

and control of the Cambrian Hall Educational Trust.

FF. Because the Applicant is ready and willing to accept any other conditions

as may be imposed by the Hon’ble Court or the police in connection with

the case.

GG. Because in these circumstances Hon’ble Court’s indulgence is

necessary in the present matter, otherwise the Applicant shall suffer

irreparable loss and injury, which cannot be compensated in any

manner.

I, the deponent above named, do hereby solemnly affirm on oath and

verify that the contents of paragraph no.1 of the accompanying application
and the contents of paragraph nos._________________________________ of this
affidavit are based on my personal knowledge, the contents of paragraph
nos._____________________________________________________ of this affidavit are
based on perusal of record and the contents of paragraph
nos.__________________________________ of this affidavit are based on legal advice,
which I believe to be true and no part of this affidavit is false and nothing
material has been concealed.
So help me god.
L.T.I.
(Deponent)

I, Saurabh Agarwal, Advocate, Civil Court, Roorkee, District –

Haridwar, do hereby declare that the person making this affidavit and
alleging himself to be deponent is the same person known to me from the
perusal of the papers produced by his in this case.
(Advocate)
Reg. No:-UK-435/2015
Solemnly affirmed before me on this _______ day of December,
2023 at about _____ a.m./p.m. by the deponent, who has been identified
by the aforesaid Advocate.
I have satisfied myself by examining the deponent that the
deponent has understood the contents of this affidavit, which has been
read over and explained to him by me.

(Oath Commissioner/Notary)