Gaurav Bisht And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Complaint Case No.8610 of 2024, “Smt. Bhawna Bisht Vs. Gaurav Bisht & Others”, pending before the Court of Ist Additional Chief Judicial Magistrate, Dehradun under Section 406 of the Indian Penal Code, 1860.

Heard Mr. Rajat Mittal, learned counsel for applicants, Mr. G.S. Sandhu, learned Additional Advocate General for State and Mr. Bharat Chaudhary, learned counsel for complainant.

Mr. Rajat Mittal, Advocate, submitted that the applicant no.1 is the husband of the complainant, applicant no.2 is the father-in-law and the applicant no.3 is the mother-in-law of the complainant. In the reply to the legal notice, sent by the complainant, applicants stated that they are ready to return the stridhan of the complainant and the list of goods was annexed with the reply.

Mr. Rajat Mittal, Advocate, further submitted that the applicants are permanent residents of District Dehradun. They were granted interim bail on 27.03.2025 and the conditions of the interim bail have not been violated by them.

Mr. Bharat Chaudhary, Advocate, 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 27.03.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Gaurav Bisht, Sh. Gopal Singh Bisht and Smt. Anita Bisht they shall be released on anticipatory bail on executing a personal bond of Rs.30,000/-and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the complainant will be free to move the Court for cancellation of the anticipatory bail.