Cheelo Kaur 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-Smt. Cheelo Kaur, aged about 52 years, seeking Anticipatory Bail under Sections 147, 148, 186, 353, 307, 504 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.307 of 2020, registered at Police Station Nanakmatta, District Udham Singh Nagar.

As per the First Information Report dated 11.11.2020, the police party reached the house of Malkeet Singh on 10.11.2020 to arrest him, which was an accused for the offence under Section 363 and Section 366 of the Indian Penal Code, 1860 in FI R No.219 of 2020. Applicant and the other four co-accused fired on the police party at around 23.25 hrs. to aid Malkeet Singh to escape from the spot. Applicant and all the co-accused managed to escape from the spot. The police party had identified them.

Heard Mrs. Shivangi Gangwar, learned counsel for the applicant and Mr. G.S. Sandhu, learned Addl. Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the respondent.

Mrs. Shivangi Gangwar, Advocate has contended that the applicant has been falsely implicated in the present matter. She was not present on the spot. All the co-accused have been granted regular bail. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of her absconding.

Mr. G.S. Sandhu, Addl. Advocate General for the State, 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, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant-Smt. Cheelo Kaur, she 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 cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required;

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

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

(iv) 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 her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.