Uttarakhand High Court
Sushant Garg vs State Of Uttarakhand on 23 July, 2026
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UKHC010041602026
ABA/95/2026
Sushant Garg
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Alok Mahra, J.
Ms. Neetu Singh, Advocate for the applicant.
2. Mr. Prabhat Kandpal, A.G.A. for the State.
3. The present applicant is praying for
anticipatory bail in connection with FIR/Case
Crime No. 26 of 2020, under Section 409, 420,
467, 468, 471 and 120-B of IPC, registered at
Police Station-Kotwali Tehri, District-Tehri
Garhwal.
4. As per the pleadings made in the
application, the applicant was the Secretary of
Swami Vivekanand Education Trust. The
institute-in-question was being run by the said
trust. It is further mentioned that the other co-
accused have already been granted anticipatory
bail and since the applicant is permanently
residing in Canada since the year 2014 in
working viza and he very rarely visits to India
that too to attend personal functions, as such, he
had no knowledge about the lodging of the FIR in
which he has also been named, nor he had any
knowledge about the issuance of NBW against
him or proceedings initiated under Section 82
and 83 Cr.P.C.
5. Learned counsel for the applicant would
submit that applicant will cooperate with the
investigation and will return to India to
participate in the trial and as such three months
time be granted to him so that he may arrange for
his return to India.
6. Learned State Counsel, on the other hand,
vehemently opposed the anticipatory bail
application.
7. Heard learned counsel for the parties and
perused the record.
8. This Court finds some substance in the
submission made by learned counsel for the
applicant and having considered the
submissions, this Court is of the view that all
these aspects require deep scrutiny.
9. Let the respondent-State may file counter
affidavit within four weeks.
10. List thereafter.
11. In the meantime, as an interim measure,
without expressing any opinion on the merit of
the case, it is directed that in the event of arrest
of the applicant when he returns to India within
the time as requested by him, the applicant shall
be released on an interim anticipatory bail,
subject to furnishing a personal bond of
Rs.30,000/- with two reliable sureties, each of the
like amount, to the satisfaction of the Arresting
Officer/Trial Court subject to the following
conditions:-
(i) The applicant shall cooperate with the
investigation;
(ii) The applicant shall not approach any
witness in any manner, whatsoever.
12. Since, this Court have granted the relief of
anticipatory bail to the applicant, look out notice
dated 08.08.2025 issued against the applicant
shall also be kept in abeyance, subject to
applicant fulfilling the aforesaid conditions.
(Alok Mahra J.)
23.07.2026
Ujjwal
