Jagbandhu Bala Alias Jagobala And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 8 of 2023, registered at Police Station Gadarpur, District Udham Singh Nagar under Sections 120B, 193, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.

As per the First Information Report dated 12.01.2023, the applicants forged a death certificate of Jogesh Chandra, the father of the applicant no.1 and filed a suit for declaration of their rights, which is still pending at the appellate stage.

Heard Mr. Raj Kumar Singh, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1.

Mr. Raj Kumar Singh, Advocate, contended that the applicants have been falsely implicated in the present matter. The alleged forged document is pending for adjudication before the Revenue Court. Applicants do not have any criminal antecedents. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicants were granted interim bail on 18.03.2023, and, the conditions of the interim bail have not been violated by them.

Written objections have not been filed by the respondent no.1.

There is no representation on behalf of the respondent no.2.

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, the present Anticipatory Bail Application is allowed and the order dated 18.03.2023, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Jagbandhu Bala alias Jagobala, Mithun Bala, Nitin Kumar and Smt. Suchitra Bala, 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.