Chhavi Chauhan vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of anticipatory bail under Section 305 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.99 of 2025, registered at Police Station Bahadrabad, District Haridwar.

As per the First Information Report dated 14.02.2025, the inform ant found on 18.10.2024 that the applicant stole the jewellery from his house.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate has contended that the applicant-Smt. Chhavi Chauhan, aged about 25 years, has been falsely implicated in the present matter. The FI R is delayed. Applicant is a permanent resident of District Haridwar, therefore, there is no chance of her absconding.

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, 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. Chhavi Chauhan, 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.