Kapil Kumar And Four Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.669 of 2024, registered at Police Station SIDCUL, District Haridwar.

According to the First Information Report dated 25.12.2024, the informant came in contact with the applicant no.1. They befriended each other. The applicant no.1 Kapil Kumar established physical relations with her under the pretext of marriage. Subsequently, he denied to marry. On 18.12.2024, the applicants committed rape on her.

Heard Mr. R.K. Rawat, learned counsel for the applicants, Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Amit Garg, learned counsel for the informant.

Mr. R.K. Rawat, Advocate, appearing for the applicants, submitted that the applicants have been falsely implicated in the present matter. Earlier, an FIR was lodged by the applicant no.2 against the husband of the informant on 19.12.2024. During the course of the investigation, the Investigating Officer exonerated the applicant no.3 Sachin. Applicants do not have any criminal antecedents. Applicant no.1 and applicant no.2 are the permanent residents of District Bijnor, Uttar Pradesh, applicant no.4 is a permanent resident of District Haridwar and applicant no.5 is a permanent resident of District Dehradun, therefore, there is no likelihood of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicants were granted interim bail on 08.01.2025. The conditions of the interim bail have not been violated by them.

Learned counsel for the State submitted that a charge-sheet against the applicant no.1, applicant no.2, applicant no.4 and applicant no.5 has been filed for the offence under Sections 323, 376(2)(n), 504 and Section 506 of the Indian Penal Code, 1860. He has opposed the anticipatory bail application.

Learned counsel appearing for the informant has also 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 08.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Kapil Kumar, Chandini Rani, Brahmpal Singh and Dharmendra Kumar, 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.