Abhishek vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Abhishek seeking anticipatory bail in Case Crime No.33 of 2025 under Sections 115(2), 125, 126, 191(2), 191(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023, registered at Kotwali Roorkee, District Haridwar.

As per the First Information Report dated 30.01.2025, the informant was beaten by unknown persons on 27.01.2025.

Heard Mr. Gaurav Singh, learned counsel for applicant (through video conferencing) and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, has contended that the applicant is not named in the First Information Report. There is a delay of three days in lodging the FI R, but no such delay has been explained in the FI R. Applicant was not present at the spot. He has been falsely implicated in the present matter. He is a perm anent resident of District Haridwar, therefore, there is no chance of his absconding. He does not have any criminal antecedents, and, one co-accused Sachet has already been granted regular bail by Ist Additional Sessions Judge, Roorkee, District Haridwar.

Mr. G.S. Sandhu, learned Additional Advocate General appearing for the State, has opposed the Anticipatory Bail Application orally.

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 circumstances 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 the arrest of the applicant Abhishek, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

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

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.