Mohd. Danish vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Mohd. Danish seeking anticipatory bail under Section 67B of the Information Technology Act, 2000 in Case Crime No.05 of 2023, registered at Police Station Chham , District Tehri Garhwal.

Heard Mr. Bilal Ahmed, learned counsel (through video conferencing) for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for respondent.

Mr. Bilal Ahmed, Advocate, submitted that the applicant was granted interim bail by the coordinate Bench of this Court on 12.12.2024. He does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. G.S. Sandhu, learned Additional Advocate General appearing for the State, has opposed the anticipatory bail application.

It is not the case of the State that the applicant has misused or violated the conditions of the interim bail.

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 12.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of the arrest of the applicant, namely, Mohd. Danish, 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.