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Judgment
13 paragraphs · 462 wordsAlok Kumar Verma, J
This Application has been filed by the applicant for anticipatory bail in Case Crime No. 326 of 2025, registered at Kotwali Jwalapur, District Haridwar under Section 108 of the Bharatiya Nyaya Sanhita, 2023.
As per the First Information Report dated 25.06.2025, the son of the informant committed suicide by hanging in his house on 21.06.2025. In the suicide note, he has blamed the applicant for his suicide. In the said suicide note, he has mentioned taking Rs.3,00,000/- from the applicant and a cheque (No.359108), which was given by the applicant.
Heard Mr. Shashi Kant Shandilya, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.
Mr. Shashi Kant Shandilya, Advocate, contended that the alleged suicide note does not show that the applicant had in any way provoked or incited the deceased to commit suicide. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He was granted interim bail on 04.07.2025 and the conditions of the interim bail have not been misused by him.
Mr. Pradeep Lohani, learned Brief Holder for the State has opposed the anticipatory bail application.
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 Anticipatory Bail Application is allowed and the order dated 04.07.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Deepak Saini, 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 cooperate with the Investigating Agency and he shall make himself 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 he 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 him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
