Ajay Chauhan And Two Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.76 of 2023, registered at Police Station Doiwala, District Dehradun under Sections 323, 498A and Section 506 of the Indian Penal Code, 1860.

The informant and the applicant no.1 were married in the year, 2015. According to the First Information Report, the informant was harassed in her matrimonial house and tortured for the demand of dowry.

Heard Mr. Anil Anthwal, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.

Mr. Anil Anthwal, Advocate, appearing for the applicants contended that the applicant no.1 is the husband of the informant, the applicant no.2, aged about 67 years, is the father of the applicant no.1 and the applicant no.3, aged about 65 years, is the mother of the applicant no.1.

A notice was issued to the informant. As per the report of the Registry, notice has been served personally on the informant. There is no representation on behalf of the informant.

Mr. G.S. Sandhu, Additional Advocate General, submitted on instruction that a charge-sheet has been filed against the applicant no.1, but, the applicant no.2, Tejpal Singh Chauhana and the applicant no.3, Smt. Roshani Devi have been exonerated by the Investigating Officer during the course of the investigation.

Mr. Anil Anthwal, Advocate, further submitted that the applicant no.1 is a permanent resident of District Dehradun, therefore, there is no chance of his absconding. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 21.03.2023. The conditions of interim bail have not been violated by him.

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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 21.03.2023, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Ajay Chauhan, 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 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.