High CourtsSingle Bench

Anurag And Others vs State Of Uttarakhand

Uttarakhand High Court · Decided on 1 May 2025 · Citation: (2025) 05 UK CK 0648

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4 · Hindu Marriage Act, 1955 — Section 9 · Constitution Of India, 1950 — Article 21
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 175 Of 2025
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Judgment

14 paragraphs · 463 words

Alok Kumar Verma, J

1.

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 206 of 2025, registered at Police Station Laksar, District Haridwar under Sections 323, 498A, 504, 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.

2.

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

3.

As per the report of the Registry, notice has been served personally on the informant/victim. There is no representation on behalf of the informant/victim.

4.

The applicant no.1 is the husband of the informant and the applicant nos.2 to 4 are the family members of the applicant no.1.

5.

Mr. Pankaj Semwal, Advocate, submitted that the applicant no.1 has filed a case under Section 9 of the Hindu Marriage Act, 1955. He further submitted that the applicants are permanent residents of District Haridwar, therefore, there is no chance of their absconding, and, they were granted interim bail on 20.02.2025, and, the conditions of the interim bail have not been violated by them.

6.

Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application.

7.

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.

8.

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 20.02.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Anurag, Smt. Anita, Ravindra and Aanchal, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

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

9.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.