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Anchit Kumar Agarwal Alias Achint Kumar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 21 February 2024 · Citation: (2024) 02 UK CK 0044

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 409, 420Constitution Of India, 1950 — Article 21
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No. 78 Of 2024
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Judgment

11 paragraphs · 306 words

Alok Kumar Verma, J

1.

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 420 & Section 409 of the Indian Penal Code, 1860 in connection with the Case Crime No.55 of 2020 (Criminal Case No.253 of 2021), registered at police station Bhagwanpur, District Haridwar.

2.

Heard Mr. Ajay Veer Pundir, learned counsel for the applicant through video conferencing and Mr. Pratiroop Pandey, learned A.G.A. for the State.

3.

Mr. Pratiroop Pandey, A.G.A. appearing for the State has fairly conceded that the co-accused of the similar role namely, Akhil Bansal has been granted Anticipatory Bail and charge-sheet has been filed, therefore, there is no need of custodial interrogation.

4.

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.

5.

In the facts and circumstances of the case, applicant-Anchit Kumar Agarwal @ Achint Kumar is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on 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.

6.

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.

7.

Anticipatory Bail Application (No.78 of 2024) stands disposed of accordingly.