Kajal vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed for grant of anticipatory bail under Sect ions 406, 504 and Sect ion 506 of the Indian Penal Code, 1860 in Case Crime No. 167 of 2023, registered at Police Station Patel Nagar, District Dehradun.

As per the First Information Report, the applicant had taken jewellery from the house of the informant, but she has not returned it.

Vide order dated 18.12.2024, passed by the coordinate Bench, the applicant was granted interim bail.

Heard Mr. Lochan Sah, learned counsel holding brief of Mr. Mayank Joshi, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for respondent.

Mr. G.S. Sandhu, learned Additional Advocate General, appearing for the State, on instruction, submitted that charge- sheet has already been filed. He 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 18.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of the arrest of the applicant, namely, Kajal, 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 made clear 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.