Deepak Manral vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant-Deepak Manral seeking anticipatory bail under Sections 420, 468, 471 and Section 120B of the Indian Penal Code, 1860 in Case Crime No.433 of 2022 (Criminal Case No.890 of 2023), registered at Police Station Ramnagar, District Nainital.

Heard Mr. Pooran Singh Rawat, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Pooran Singh Rawat, Advocate, submitted that as per the First Information Report one truck (No.U.P.-21-CN-2727) was seized carrying mining and minerals with a fake royalty/ rawanna. The First Information Report was registered against unknown person. One co-accused named Jahagir Aalam was arrested. Applicant is the son of the owner of Shanti Manral Stone Crusher. He was not present at the spot. He is not a previous convict. He is a permanent resident of District Nainital, therefore, there is no likelihood of his absconding. The co-accused Jahagir Aalam has been granted regular bail by the Court of Additional Sessions Judge, Ramnagar, District Nainital, and the charge-sheet has already been filed by the Investigating Officer, therefore, there is no chance of tampering with the evidence.

Mr. Pratiroop Pandey, learned A.G.A. appearing for the State, on instructions, 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant, named Deepak Manral, 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.