Manish Tamta Alias Manish Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 35 of 2022, registered at Police Station Kapkot, District Bageshwar under Section 376, Section 417 of the Indian Penal Code, 1860, Section 3 and Section 4 of the Dowry Prohibition Act, 1961.

Heard Mr. Piyush Sammal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Piyush Sammal, Advocate, for the applicant contended that the relationship between the informant and the applicant was consensual and both are major. The informant/ alleged victim (PW1) has not supported the case of the prosecution. Applicant was granted interim bail on 19.08.2023.

Mr. Pradeep Lohani, learned Brief Holder for the State has opposed the anticipatory bail application. However, he conceded that the informant/ victim has not supported the case of the prosecution.

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 19.08.2023, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Manish Tamta alias Manish Kumar, 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 violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.