Imran Ahmad vs State Of Uttarakhand And Two Others

Alok Kumar Verma, J

This Application has been filed by the applicant Imran Ahmad seeking anticipatory bail in Case Crime No.52 of 2025, registered at Police Station Sahaspur, District Dehradun under Section 376 of the Indian Penal Code, 1860 and Section 351 (2) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 07.03.2025, lodged by the informant, aged about 28 years, the applicant has been physically exploiting her since, 2016 on the pretext of marriage. He is now claiming to be married.

Heard Mr. Sanjay Kumar, learned counsel for the applicant, Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent nos. 1 & 2 and Mr. Sunil Datt Joshi, learned counsel for the respondent no.3.

Mr. Sanjay Kumar, Advocate, submitted that the applicant never promised to marry with the informant. He has been falsely implicated in the present matter. Applicant and the informant were only friends. Applicant does not have any criminal antecedents. He is a permanent resident of District Bijnor, Uttar Pradesh, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 26.03.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Sunil Datt Joshi, Advocate appearing for the respondent no.3 / informant submitted that the informant does not want to oppose the anticipatory bail application.

Mr. Pratiroop Pandey, Assistant Government Advocate, 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 26.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Imran Ahmad, 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 violate any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.