Farman 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 – Farman seeking anticipatory bail under Sections 333, 351(3) and Section 64 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.312 of 2024, registered at Police Station Bahadarabad, District Haridwar.

As per the FIR dated 18.07.2024, when the victim, the sister of the informant, was all alone in her house on 16.07.2024, the applicant entered into her house and raped her.

On 24.09.2024, the coordinate Bench granted interim bail to the applicant.

Heard Mr. Raj Kumar Singh, learned counsel for the applicant, Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bharadwaj, learned Brief Holder for the State and Mr. Shashi Kant Shandilya, learned counsel with Mr. Mohd. Alauddin, learned counsel for the informant.

Mr. Raj Kumar Singh, Advocate, has contended that the applicant is an innocent person. He is the brother-in-law of the alleged victim. The motherin-law, the sister-in-law and the step son of the victim have not supported the case of the prosecution. The FIR is delayed. There are property disputes between the applicant and the alleged victim and several panchayats were held. No such incident had taken place on such date. The alleged victim could have raised alarm, but it was not done by her.

Mr. Raj Kumar Singh, Advocate, further submitted that the applicant does not have any criminal antecedents. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, he is the perm anent resident of District Haridwar, therefore, there is no chance of his absconding.

Mr. Shashi Kant Shandilya, Advocate, appearing for the informant has opposed the Anticipatory Bail Application. He has submitted that there is no property dispute between the victim and the applicant.

Mr. G.S. Sandhu, learned Additional Advocate General for the State, has also opposed the Anticipatory Bail Application. However, he has submitted on instruction from the Investigating Officer that the applicant does not have any criminal antecedents and charge-sheet has already been filed, therefore, the applicant is not required for custodial interrogation.

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 24.09.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of the arrest of the applicant- Farm an, 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.