Bishan Chand Panwar 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 applicant seeking anticipatory bail in Case Crime No.01 of 2024, registered at Police Station Thati, District Tehri Garhwal.

Heard Mr. B.M. Pingal, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Pradeep Lohani, learned Brief Holder for the State.

The applicant was granted interim bail on 02.01.2025.

Mr. G.S. Sandhu, learned Additional Advocate General for the State, on instruction submitted that charge-sheet has been filed against the present applicant under Sections 323, 504 and Section 506 of the Indian Penal Code, 1860.

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 02.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant- Bishan Chand Panwar, 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.