Abhishek Bohra vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of anticipatory bail under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860 in Case Crime No.59 of 2015, registered at Kotwali Gangnahar, District Haridwar.

As per the First Information Report, a forged cheque dated 08.02.2015 of Rs.04,98,090/ - was deposited in the account of the applicant in the State Bank of India, Branch Roorkee, District Haridwar.

Heard Mr. Pankaj Kumar Sharma, learned counsel for applicant and Mr. Pratiroop Pandey, learned AGA assisted by Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Pratiroop Pandey, AGA for the State, has opposed the anticipatory bail application and submitted that the process under Section 82 of the Code of Criminal Procedure, 1973 has already been issued against the present applicant.

Mr. Pankaj Kumar Sharma, Advocate, has argued that the applicant was never served with the summons. He has relied upon a judgment of the Hon’ble Supreme Court passed in “Asha Dubey vs. The State of Madhya Pradesh”, 20240 Supreme (SC) 1059. The Hon’ble Supreme Court held that in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail.

Mr. Pankaj Kumar Sharma, Advocate, has further argued that the alleged cheque was not deposited by him. The informant/ victim informed to the bank on 31.03.2015 that he received his money back. Applicant is an innocent person. He does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Personal liberty under Article 21 of the 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 circum stances of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant, Abhishek Bohra, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.