Manish Gupta vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 376, 323, 427, 504 and Section 506 of the Indian Penal Code, 1860 in connection with the Case Crime No. 484 of 2021 (Criminal Case No. 1798 of 2022), registered at Police Station Vikas Nagar, District Dehradun.

Heard Mr. Lalit Sharma, learned counsel for the applicant (through video conferencing) and Mr. Bhaskar Joshi, learned A.G.A. for the State.

Opposing the Anticipatory Bail Application orally, Mr. Bhaskar Joshi, learned A.G.A. for the State, has submitted that as per the First Information Report dated 23.11.2021, the prosecutrix met the applicant three years ago. He used to come to her house. One day when the prosecutrix’s mother was not present in her house, he forcibly had physical relations with her.

Mr. Lalit Sharma, Advocate, contended that the prosecutrix is a 25 years old woman. The dispute between the applicant and the prosecutrix arouse only when the applicant came to know that she is a divorced woman. Applicant was granted interim relief in the Writ Petition, filed under Article 226 of the Constitution of India and in the matter, filed under Section 482 of the Code of Criminal Procedure, 1973. Applicant is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. He does not have any criminal antecedents. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

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.

In the facts and circumstances of the case, applicant- Manish Gupta is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on 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 clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Present Anticipatory Bail Application (No. 39 of 2024) stands disposed of accordingly.