Arun Kumar vs State Of Uttarakhand on 20 May, 2026

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    Uttarakhand High Court

    Arun Kumar vs State Of Uttarakhand on 20 May, 2026

                                                                                               2026:UHC:3935
    
                                                                           Judgment Reserved on: 08.04.2026
                                                                        Judgment Pronounced on:20.05.2026
    
                IN THE HIGH COURT OF UTTARAKHAND
                            AT NAINITAL
                                     Criminal Appeal No.383 of 2024
        Arun Kumar                                                                             ......Appellant
                                                           Vs.
        State of Uttarakhand                                                                .....Respondent
                                                           with
                                          Criminal Appeal No. 380 of 2024
        Omvir                                                                                       ......Appellant
                                                            Vs.
        State of Uttarakhand                                                                       .....Respondent
                                                           with
                                          Criminal Appeal No. 381 of 2024
        Naresh Kumar                                                                               ......Appellant
                                                            Vs.
        State of Uttarakhand                                                                       .....Respondent
                                                           with
                                          Criminal Appeal No. 382 of 2024
        Smt. Anjana                                                                                 ......Appellant
                                                            Vs.
        State of Uttarakhand                                                                       .....Respondent
                                                           with
                                          Criminal Appeal No. 532 of 2024
        Smt. Anjana                                                                                ......Appellant
                                                            Vs.
        State of Uttarakhand                                                                   .....Respondent
    
    
    
        Presence:
    
         Mr. D.K. Sharma, learned Senior Advocate, assisted by Mr. Shubhang
         Dobhal, Mr Bharat Chaudhary, learned counsel for the Appellants.
    
    
    
    
                                                                                                                      1
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
         Mr. Vipul Painuly, learned AGA with Mr. Dinesh Chauhan, learned AGA,
         for the State of Uttarakhand.
    
    
         Hon'ble Ashish Naithani, J.
        1. These connected Criminal Appeals, being CRLA Nos. 380 of 2024, 381
            of 2024, 382 of 2024, 383 of 2024 and 532 of 2024, have been
            preferred by the respective Appellants under Section 18 of the U.P.
            Gangsters and Anti-Social Activities (Prevention) Act, 1986, read with
            Section 386 of the Code of Criminal Procedure, assailing the respective
            orders passed by the Learned Special Judge, Gangsters Act/II
            Additional District and Sessions Judge, Haridwar, whereby the release
            applications preferred by the Appellants came to be rejected.
        2. Since all the aforesaid appeals arise out of connected proceedings under
            the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
            and involve common questions of fact and law, they were heard
            together and are being decided by this common judgment. For the sake
            of convenience, Criminal Appeal No. 383 of 2024, Arun Kumar vs.
            State of Uttarakhand, is treated as the leading case.
        3. The record reveals that proceedings under the U.P. Gangsters and Anti-
            Social Activities (Prevention) Act, 1986 were initiated against one
            Yashpal Tomar and his alleged associates, alleging the existence of an
            organised gang engaged in unlawful activities, including acquisition of
            movable and immovable properties through illegal means.
        4. In pursuance thereof, various properties, both movable and immovable,
            were identified by the authorities and subjected to attachment on the
            allegation that the same constituted properties acquired as a result of
            the activities of the said gang.
    
    
                                                                                                               2
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
        5. It is not in dispute that the properties so attached include assets
            standing in the names of the present Appellants, comprising, inter alia,
            parcels of land and certain movable properties such as motor vehicles.
        6. The properties under attachment, as reflected from the record of the
            respective appeals, include immovable properties in the nature of land
            parcels situated, inter alia, in Village Chithera, District Gautam Buddh
            Nagar (Uttar Pradesh), as well as certain movable properties including
            motor vehicles. The movable assets include vehicles such as Toyota
            Fortuner and Innova Crysta, standing in the names of the respective
            Appellants. The said properties are alleged by the State to have been
            acquired as a result of the activities of the gang, whereas the Appellants
            claim independent ownership thereof.
        7. Aggrieved by such attachment, the Appellants moved separate
            applications before the Learned Special Judge, Gangsters Act, seeking
            release of their respective properties.
        8. In the said applications, the Appellants asserted independent ownership
            over the properties and contended that the same were not liable to be
            treated as properties acquired from the alleged activities of the gang.
        9. Aggrieved by the respective impugned orders, the present appeals have
            been preferred before this Court.
        10.          Heard learned counsel for the parties and perused the records.
        11.          Learned Senior Counsel for the Appellants submits that the
            impugned order is unsustainable, as no cogent material has been
            brought on record to establish any nexus between the attached
            properties and the alleged activities of the gang.
    
    
    
    
                                                                                                               3
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
        12.          It is contended that the properties stand in the names of the
            Appellants and have been acquired through lawful means, including
            registered sale deeds, bank transactions, mutation entries, and, in
            certain cases, inheritance. It is submitted that both immovable
            properties and movable assets, such as vehicles, are supported by
            documentary material placed before the Learned Trial Court.
        13.          Learned Counsel submits that the Learned Trial Court has failed
            to properly appreciate the material placed on record and has erred in
            proceeding without the State first establishing a foundational nexus
            between the properties and any alleged criminal activity.
        14.          It is further contended that no specific material has been placed to
            show that the properties were acquired through coercion or unlawful
            means, nor has any individual victim or complaint been identified in
            relation to the alleged transactions.
        15.          Learned Counsel submits that the case against the Appellants
            rests primarily on their alleged association with the principal accused,
            which by itself cannot justify attachment of property in the absence of
            independent evidence.
        16.          On these submissions, it is prayed that the impugned order be set
            aside.
        17.          Learned Deputy Advocate General for the State supports the
            impugned order and submits that the same has been passed after due
            consideration of the material on record.
        18.          It is contended that the proceedings arise out of action taken
            against an organised gang led by Yashpal Tomar, which was engaged in
            unlawful acquisition of properties through illegal means.
    
    
    
                                                                                                               4
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
        19.          Learned Counsel submits that the Appellants are closely
            associated with the said gang and are beneficiaries of its activities, and
            the properties standing in their names have been acquired as a result
            thereof.
        20.          It is further submitted that the documents relied upon by the
            Appellants do not establish lawful acquisition and are insufficient to
            discharge the burden cast upon them, particularly in light of the
            surrounding circumstances indicating non-genuine transactions.
        21.          Learned State Counsel contends that absence of formal
            complaints does not weaken the prosecution case in matters involving
            organised crime, and that the material on record establishes a sufficient
            nexus between the properties and the gang activities.
        22.          On these submissions, it is prayed that the appeals be dismissed.
        23.          This court observes that the present appeals arise out of
            proceedings under the U.P. Gangsters and Anti-Social Activities
            (Prevention) Act, 1986, wherein properties standing in the names of the
            Appellants have been attached on the allegation that the same constitute
            properties acquired as a result of the activities of an organised gang
            allegedly led by Yashpal Tomar. The limited question that arises for
            consideration is whether the material on record establishes a legally
            sustainable nexus between the properties in question and the alleged
            activities of the gang.
        24.          While exercising appellate jurisdiction under Section 18 of the
            Act, this Court is required to examine whether the statutory
            requirements necessary for sustaining attachment stand satisfied on the
            basis of material available on record. Since attachment of property
    
    
    
                                                                                                               5
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
            directly affects proprietary rights protected under Article 300A of the
            Constitution of India, the findings recorded by the competent authority
            and affirmed by the Learned Special Judge must disclose a rational
            nexus between the property sought to be attached and the alleged
            criminal activities.
        25.          At the outset, it is necessary to observe that attachment of
            property under the Gangsters Act, though preventive in nature, has
            serious civil consequences, inasmuch as it results in deprivation of
            property. Such deprivation, being subject to constitutional protection
            under Article 300A of the Constitution of India, must be founded on
            cogent material demonstrating that the property sought to be attached
            is, in fact, the product of criminal activity attributable to the gang.
        26.          It is well settled that mere allegation of involvement in organised
            crime, or association with a person alleged to be a gang leader, cannot
            by itself justify attachment of property. The statute requires that the
            property must be shown to have been acquired as a result of criminal
            activity, and therefore, a clear and discernible nexus between the
            property and the alleged offence is a sine qua non.
        27.          Upon perusal of the record, this Court finds that the case of the
            State, insofar as the present Appellants are concerned, rests primarily
            on a general allegation that the gang was engaged in unlawful
            acquisition of properties through coercive means. However, no specific
            material has been placed on record to demonstrate, qua the individual
            properties under attachment, that the same were acquired through
            coercion, threat, or any other unlawful activity.
    
    
    
    
                                                                                                               6
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
        28.          The mere fact that a person may be related to, associated with, or
            acquainted with an alleged gang member cannot, by itself, justify
            attachment of property standing in such person's name. The statute
            contemplates attachment of properties acquired as a result of criminal
            activities, and therefore the focus of judicial scrutiny must remain upon
            the source, acquisition, and nexus of the property itself, and not merely
            upon the alleged relationship between the parties.
        29.          Significantly, the State has not been able to identify any specific
            victim in respect of the properties in question, nor has any complaint
            been brought on record from any person alleging that such property
            was transferred under coercion or undue influence. The absence of such
            foundational material assumes importance, particularly when the
            attachment is sought to be sustained on the premise of illegal
            acquisition.
        30.          On the other hand, the Appellants have placed on record
            documentary material indicating that the properties stand in their names
            and have been acquired through transactions evidenced by registered
            instruments, banking channels, or entries in official records. While the
            evidentiary value of such documents may ultimately be subject to proof
            in appropriate proceedings, they nevertheless constitute prima facie
            material indicating lawful acquisition.
        31.          Attachment proceedings involving multiple properties and
            multiple claimants necessarily require an individualized examination
            qua each property and each claimant. A generalized conclusion founded
            upon the overall allegations against the alleged gang, without
            examining the acquisition history and supporting material relating to
    
    
    
                                                                                                               7
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
            each specific property, would not satisfy the requirement of fairness
            inherent in proceedings having serious civil consequences
        32.          The Learned Trial Court, however, has proceeded to discard the
            defence material without a detailed examination, and has primarily
            relied upon the general allegations against the gang. Such an approach,
            in the considered view of this Court, does not satisfy the requirement of
            establishing a property-specific nexus, which is essential for sustaining
            an order of attachment under the Act.
        33.          It is also noteworthy that the findings recorded by the Learned
            Trial Court do not advert to the individual nature of each property or
            the specific circumstances under which the same came to be acquired
            by the respective Appellants. The impugned order, thus, proceeds in a
            generalized manner, without undertaking a property-wise analysis.
        34.          This Court is conscious of the fact that proceedings under the
            Gangsters Act are intended to curb organised crime; however, the same
            cannot be permitted to operate in a manner so as to justify attachment
            of property in the absence of specific and cogent material. Suspicion,
            however strong, cannot take the place of proof, particularly when the
            consequence is deprivation of property.
        35.          In the absence of material establishing that the properties in
            question are the proceeds of criminal activity, and in view of the prima
            facie documentary evidence indicating lawful acquisition, this Court is
            of the considered opinion that the Appellants have made out a case for
            release of the attached properties.
        36.          Accordingly, the findings recorded by the Learned Trial Court to
            the contrary cannot be sustained, as they suffer from lack of proper
    
    
    
                                                                                                               8
    Criminal Appeal No. 383 of 2024--------Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024--------Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024--------Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024--------Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024--------Smt. Anjana v. State of Uttarakhand and Another
    
    
    
    
                                                                                          Ashish Naithani J.
                                                                                                2026:UHC:3935
    
            appreciation of material and failure to apply the correct legal standard
            with respect to nexus between the property and the alleged criminal
            activity.
    
                                                         ORDER
    

    This Court is presently concerned only with the legality of attachment
    insofar as it relates to the properties claimed by the present Appellants.

    Criminal Appeal No. 383 of 2024 is allowed. The order dated
    26.04.2024 passed in Miscellaneous Application No. 07 of 2023 by the
    Learned Special Judge, Gangsters Act/IInd Additional District and
    Sessions Judge, Haridwar, is hereby set aside. Consequently, the
    attachment order dated 13.04.2022 passed by the District Magistrate,
    Haridwar in Case No. 01 of 2022 shall stand set aside only qua Toyota
    Fortuner bearing Registration No. DL 14CE 0199.

    SPONSORED

    Criminal Appeal No. 382 of 2024 is allowed. The order dated
    09.01.2024 passed in Miscellaneous Application No. 16 of 2023 is
    hereby set aside. Consequently, the attachment order dated 13.04.2022
    shall stand set aside only qua Innova Crysta 2.8Z bearing Registration
    No. DL 14CD 7745.

    Criminal Appeal No. 381 of 2024 is allowed. The order dated
    26.04.2024 passed in Miscellaneous Application No. 06 of 2024 is
    hereby set aside. Consequently, the attachment order dated 13.04.2022
    shall stand set aside only qua properties described at Serial Nos. 15 and
    16 of the attachment order.

    9

    Criminal Appeal No. 383 of 2024——–Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024——–Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024——–Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024——–Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024——–Smt. Anjana v. State of Uttarakhand and Another

    Ashish Naithani J.

    2026:UHC:3935

    Criminal Appeal No. 380 of 2024 is allowed. The order dated
    07.05.2024 passed in Miscellaneous Application No. 09 of 2024 is
    hereby set aside. Consequently, the attachment order dated 13.04.2022
    shall stand set aside only qua property described at Serial Nos. 17 of
    the attachment order.

    Criminal Appeal No. 532 of 2024 is allowed. The order dated
    23.07.2024 passed in Miscellaneous Application No. 15 of 2024 is
    hereby set aside. Consequently, the attachment order dated 13.04.2022
    shall stand set aside only qua properties described at Serial Nos. 1 to 10
    of the attachment order.

    It is clarified that the observations made herein are confined
    solely to the legality of the attachment orders impugned in the present
    appeals. Nothing contained in this judgment shall be construed as an
    expression on the merits of any pending criminal proceedings or
    investigation against any accused person, nor shall this judgment
    preclude the competent authority from proceeding in accordance with
    law upon emergence of fresh and legally admissible material.

    (Ashish Naithani, J.)

    Dated:20.05.2026
    NR/

    10
    Criminal Appeal No. 383 of 2024——–Arun Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 380 of 2024——–Omvir v. State of Uttarakhand and Another with
    Criminal Appeal No. 381 of 2024——–Naresh Kumar v. State of Uttarakhand and Another with
    Criminal Appeal No. 382 of 2024——–Smt. Anjana v. State of Uttarakhand and Another with
    Criminal Appeal No. 532 of 2024——–Smt. Anjana v. State of Uttarakhand and Another

    Ashish Naithani J.



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