Uttarakhand High Court
ABA/1078/2023 of MOHAN DEI Vs STATE OF UTTARAKHAND on 5 August 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/1078/2023 Mohan Dei --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Mani Kumar, Advocate for
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UKHC010191292023
2026:UHC:6896 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
ABA/1078/2023
Mohan Dei --Applicant Versus State Of Uttarakhand --Respondent
Hon’ble Alok Mahra, J.
Mr. Mani Kumar, Advocate for the applicant.
Mr. Rakesh Kumar Joshi, A.G.A. and Mr. Manoj Bhatt, Brief Holder for the State of Uttarakhand.
2. By means of the present application, the applicant seeks grant of anticipatory bail in connection with F.I.R./Case Crime No.478 of 2023, registered at Police Station Rudrapur, District Udham Singh Nagar, for the offence punishable under Sections 406, 420, 467, 468 & 471 I.P.C.
3. Learned counsel for the applicant submits that the impugned F.I.R. was lodged against the applicant and, upon completion of investigation, the Investigating Officer has already submitted the charge sheet before the competent Court for the aforesaid offences. It is contended that the applicant has cooperated with the investigation throughout and there is no necessity for her custodial interrogation. It is, therefore, prayed that she be granted the benefit of anticipatory bail.
4. Having heard learned counsel for the applicant and upon perusal of the material brought on record, this Court finds that the investigation has already culminated in submission of the charge sheet and the matter is now pending before the competent Court for further proceedings. The applicant has not UKHC010191292023
2026:UHC:6896 demonstrated the existence of any exceptional or special circumstance warranting invocation of the extraordinary discretionary jurisdiction of this Court under Section 438 Cr.P.C.
5. It is well settled that the power under Section 438 Cr.P.C. is extraordinary in nature and is required to be exercised sparingly, depending upon the facts and circumstances of each case. Once the investigation stands concluded and the charge sheet has already been filed, the applicant is ordinarily expected to appear before the Court concerned and seek regular bail in accordance with law.
6. In the absence of any exceptional circumstance justifying protection against arrest, this Court does not find it to be a fit case for grant of anticipatory bail.
7. Accordingly, the present Anticipatory Bail Application is dismissed.
(Alok Mahra, J.)
05.08.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73933 98f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E 4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.08.05 15:25:28 +05'30'