Balvinder Kaur Alias Rajjo And Another 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 applicants seeking anticipatory bail under Section 420 and Section 447 of the Indian Penal Code, 1860 in Case Crime No. 663 of 2024, registered at Police Station Patel Nagar, District Dehradun.

As per the First Information Report, the applicants being tenants of the informant, had forged some documents, so as to obtain the electricity connection.

Heard Mr. Nishant Krishna Adhikari, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Objection to the anticipatory bail application has not been filed.

Mr. Nishant Krishna Adhikari, Advocate, submitted that the case of the FIR is false. Applicants have been falsely implicated in the present matter. They have no criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no possibility of their absconding. Applicants were granted interim bail by this Court on 10.01.2025, and, the conditions of the interim bail have not been misused by them.

Mr. Pradeep Lohani, Brief Holder, 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, without commenting on the merits of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 10.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of the arrest of the applicants Smt. Balvinder Kaur alias Rajjo and Chanpreet Singh, 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.

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.