Arjun Singh vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant Arjun Singh seeking anticipatory bail in Case Crime No.221 of 2024, registered at Police Station Kashipur, District Udham Singh Nagar under Section 376 of the Indian Penal Code, 1860.

As per the First Information Report dated 01.05.2024, the applicant had been sexually exploiting the informant for the last four years from the date of lodging the First Information Report under the pretext of marriage.

Heard Mr. Kaushal Sah Jagati, learned counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Shariq Khurshid, learned counsel for the informant.

Mr. Kaushal Sah Jagati, Advocate, contended that the informant/ alleged victim was major. It is not a case of misconception of facts. The relationship between them was consensual. Applicant has no criminal antecedents. He is a permanent resident of District Moradabad (Uttar Pradesh), therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 14.05.2024, and, the conditions of the interim bail have not been violated by him.

Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Shariq Khurshid, learned counsel for the informant have opposed the anticipatory bail application.

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 14.05.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Arjun Singh, 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.