TH MARCH v. State of Uttarakhand

Mr. Siddhartha Sah, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Pradeep Lohani, Brief Holder. Counsel for the Informant : Mr. Lalit Sharma, Advocate. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking anticipatory bail under Sections 406, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in Case Crime No.175 of 2021, registered at Police Station Prem Nagar, District Dehradun.

Heard Mr. Siddhartha Sah, learned counsel for the applicants, Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Lalit Sharma, learned counsel for the informant.

Mr. Siddhartha Sah, Advocate, submitted that the main accused has already been granted anticipatory bail 1 in Anticipatory Bail Application No. 1234 of 2024. Applicants are not part of any sale-deeds. There are only bald allegations against them. Applicants are innocent. They are permanent residents of District Dehradun, therefore, there is no possibility of their absconding.

Mr. G.S. Sandhu, learned Additional Advocate General for the State and Mr. Lalit Sharma, learned counsel for the informant, have opposed the Anticipatory Bail Application orally. Mr. G.S. Sandhu, Addl. Advocate General submitted on instructions that the Investigating Officer has already filed the charge-sheet, therefore, there is no requirement of custodial interrogation of the applicants.

Vide order dated 08.01.2025, the applicants were granted interim bail. It is not the case of the State and the informant that the conditions of the interim bail have been misused and violated by the applicants.

Personal liberty under Article 21 of Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2 2023, is allowed and order dated 08.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely, Karan Singh, Deepak Singh and Vijay Kumar alias Vijay Singh, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicants shall attend the trial court regularly and shall not seek any unnecessary adjournment; (ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt: 07.03.2025 Shiv/ 3