Firados Alias Guddo vs State Of Uttarakhand And Another

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 304B of the Indian Penal Code, 1860 in Case Crime No.230 of 2012 (Criminal Case No.27A of 2013), registered at Police Station Jaspur, District Udham Singh Nagar.

Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Learned Senior Advocate has contended that the applicant, aged about 51 years, is the sister-in-law (Jethani) of the deceased. She was granted interim relief in the petition, filed under Article 226 of the Constitution of India to quash the First Information Report and her personal appearance was exempted for a period of two and a half months in the matter, filed under Section 482 of the Code of Criminal Procedure, 1973. Three co-accused, who had similar role, have already been acquitted. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of her absconding and charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Mr. Pradeep Lohani, learned Brief Holder for the State, on instruction, 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. Firados alias Guddo, 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 attend the trial court regularly and she 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 clarified that if the applicant misuses or violates any of the conditions, imposed upon her, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.