Vishal Sharm a and Ot hers v. St at e of Ut t arakhand

Mr. Yash Bisht , Advocat e. Counsel for t he St at e Mr. Pradeep Lohani, : Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion under Sect ion 482 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 has been filed for grant of ant icipat ory bail under Sect ions 109( 1) , 191( 3) , 309( 3) , 352 and Sect ion 74 of t he Bharat iya Nyaya Sanhit a, 2023 in case bearing FI R No.75 of 2025, regist ered at Police St at ion Pat el Nagar, Dist rict Dehradun. 2 . As per FI R, on 13.02.2025 at about 20: 30 p.m ., t he applicant s went t o t he house of t he inform ant along wit h Ankit Tyagi and Rubi Goyal. They had Dandas, pist ols and sharp weapons. Sm t . Shiwani Sharm a and Sm t . Garim a Sharm a ( applicant s) beat her 1 and Vishal Sharm a, Sanj ay Kum ar ( applicant s) and Ankit Tyagi t ore her clot hes. Ankit Tyagi, Vishal Sharm a and Sanj ay caused grievous hurt t o her brot her- in- law Shobit on his head. They also beat her husband and fat her- in- law. 3 . Heard Mr. Yash Bisht , learned counsel for applicant s and Mr. Pradeep Lohani, learned Brief Holder for St at e. 4 . No one is present on behalf of t he inform ant / vict im . 5 . Mr. Pradeep Lohani, learned Brief Holder, subm it t ed on inst ruct ions t hat t he invest igat ion is being conduct ed t he offence under Sect ions 118( 1) , 115( 2) , 351( 3) and Sect ion 352 of t he Bharat iya Nyaya Sanhit a, 2023. 6 . Mr. Yash Bisht , Advocat e, has cont ended t hat t he inform ant Sm t . Anchal Sharm a is t he sist er- in- law ( Jet hani) of t he applicant no.3 and t he applicant nos.1, 2 and 4 are t he fam ily m em bers of t he applicant no.3. The relat ionship of t he applicant no.3 wit h her husband is st rained. The applicant no.3 m oved a com plaint on

28.10.2024 against her husband and her in- laws regarding m ent al and physical harassm ent . Applicant no.1 is serving in I ndian Air Force. On 13.02.2025, t he 2 inform ant along wit h t he husband of t he applicant no.3 and Mohit Sharm a, t he husband of t he inform ant , m isbehaved wit h t he applicant s. Applicant no.3 was abused and physically assault ed. Aft er her m edical exam inat ion, she approached t o Kot wali Pat el Nagar, but her com pliant was not ent ert ained ( Annexure No.6) . 7 . Mr. Yash Bisht , Advocat e, has furt her cont ended t hat t he applicant no.1, applicant no.2 and applicant no.4 are t he resident s of Dist rict Baghpat ( Ut t ar Pradesh) and t he applicant no.3 is a perm anent resident of Dist rict Dehradun, t herefore, t here is no chance of t heir absconding. They were grant ed int erim bail by t his Court on 21.02.2025, and, t hey have not m isused t he condit ions of t he int erim bail. 8 . Mr. Pradeep Lohani, learned Brief Holder, has opposed t he ant icipat ory bail applicat ion. 9 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he case. 1 0 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s 3 and circum st ances of t he case, wit hout com m ent ing on t he m erit s of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed and order dat ed

21.02.2025, grant ing int erim bail t o t he applicant s, are m ade absolut e. I t is direct ed t hat in t he event of arrest t he applicant s, nam ely, Vishal Sharm a, Garim a Sharm a, Shiwani Sharm a and Sanj ay Kum ar, t hey shall be released on int erim bail on execut ing a personal bond of Rs.30,000/ - and t wo reliable suret ies, each of t he like am ount , by each one of t hem , t o t he sat isfact ion of t he I nvest igat ing Officer/ Arrest ing Officer, subj ect t o t he following condit ions: - ( i) Applicant s cooperat e wit h t he I nvest igat ing Agency and t hey shall m ake t hem selves available for int errogat ion by a police officer as and when required; ( ii) I f t he charge- sheet is filed, t he applicant s shall at t end t he t rial court regularly and t hey shall not seek any unnecessary adj ournm ent ; ( iii) Applicant s shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case; ( iv) Applicant s shall not leave t he count ry wit hout t he previous perm ission of t he t rial court . 1 1 . I t is m ade clear t hat if t he applicant s m isuse or violat e any of t he condit ions, im posed upon t hem , t he prosecut ion agency will be free t o m ove t he Court 4 for cancellat ion of t he ant icipat ory bail. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 24.03.2025 Neha 5