St at e of Ut t arakhand v. Advocat e holding brief

Counsel for t he Applicant s : Mr. Susheel Kum ar, Advocat e holding brief of Mr. Gaurav Singh, Advocat e. Counsel for t he Respondent : Mr. G.S. Sandhu, Addl. Advocat e General assist ed by Mr. Deepak Bhardwaj , Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. This Applicat ion has been filed by t he applicant s seeking ant icipat ory bail under Sect ion 108 of t he Bharat iya Nyaya Sanhit a, 2023 in Case Crim e No.60 of 2025, regist ered at Police St at ion Khanpur, Dist rict Haridwar. 2 . According t o t he First I nform at ion Report dat ed 02.04.2025, Naved Ali, t he nephew of t he inform ant , com m it t ed suicide on 01.04.2025. He was working in Meerut Hospit al, Laksar. The inform ant ’s son t old t he inform ant t hat a wom an nam ed Laxm i was working in t he said hospit al. He ( Naved Ali) used t o t alk 1 t o her. For t his reason, t he em ployees of t he said hospit al used t o t ort ure him . Naved Ali com m it t ed suicide due t o Anil Kum ar, Sm t . Kam lesh, Sm t . Vinit a Rani and Arj un Kum ar ( present applicant s) . 3 . Heard Mr. Susheel Kum ar, learned counsel appearing for t he applicant s and Mr. G.S. Sandhu, learned Addit ional Advocat e General for t he St at e. 4 . Mr. Susheel Kum ar, Advocat e subm it t ed t hat t he applicant s are innocent persons. They have been falsely im plicat ed t he present m at t er. The ingredient s of Sect ion 108 of t he Bharat iya Nyaya Sanhit a, 2023 do not st and fulfilled as t here is no overt act assigned t o t he applicant s of having abet t ed t o deceased t o com m it suicide. There is no evidence t o show t hat t he applicant s had in any way provoked, incit ed or encouraged deceased t o com m it t he suicide. 5 . Mr. Susheel Kum ar, Advocat e furt her subm it t ed t hat t he applicant s do not have any crim inal ant ecedent s. The applicant no.1, applicant no.3 and applicant no.4 are perm anent resident of Dist rict Haridwar and t he applicant no.2 is a perm anent resident of Dist rict Saharanpur ( Ut t ar Pradesh) , t herefore, t here is no possibilit y of t heir absconding. They were grant ed int erim bail on 21.04.2025, and, t he 2 condit ions of t he int erim bail have not been m isused by t hem . 6 . Mr. G.S. Sandhu, Addl. Advocat e General has opposed t he ant icipat ory bail applicat ion orally. 7 . 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. 8 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s and circum st ances of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant s, Sm t . Kam lesh, Sm t . Vinit a Rani, Anil Kum ar and Arj un Kum ar, t hey shall be released on ant icipat ory 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 Arrest ing Officer, subj ect t o t he following condit ions: - wit h cooperat e t hey t he ( i) Applicant s shall m ake I nvest igat ing Agency and t hem selves available for int errogat ion by a police officer as and when required; I f t he charge- sheet is filed, t he applicant s ( ii) shall at t end t he t rial court regularly and t hey shall not seek any unnecessary adj ournm ent ; 3 ( 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 . 9 . I t is clarified 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 for cancellat ion of t he ant icipat ory bail. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 02.06.2025 JKJ/ Pant 4