Harjinder Singh vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.230 of 2021 (Criminal Case No.429 of 2022), registered at Police Station Jhabrera, District Haridwar.

According to the First Information Report dated 22.06.2021, the applicant was luring the informant with the promise of marriage since the year, 2015. He established physical relations with her on the pretext of marriage. Now, he has refused to marry.

Charge-sheet against the applicant has been filed under Section 376 of the Indian Penal Code, 1860.

Heard Mr. Vipul Sharma, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for State.

Mr. Vipul Sharma, Advocate, contended that as per the FIR, informant had consensual sexual relationship since the year, 2015. She stated in her statement, recorded under Section 161 of the Code of Criminal Procedure, 1973, that when she returned from Firozpur in the year, 2018, she came to know that the applicant got married somewhere else. Applicant is a permanent resident of District Haridwar, therefore, there is not possibility of his absconding. He does not have any criminal antecedents. He was not arrested during the course of the investigation. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pradeep Lohani, Brief Holder, 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. It is directed that in the event of arrest of the applicant Harjinder Singh, 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.