Nazma Bano vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant – Nazma Bano seeking anticipatory bail in Case Crime No.40 of 2025, registered at Police Station Ranipur, District Haridwar.

According to the First Information Report dated 26.01.2025, the co-accused Lalit Kumar Khari raped the informant. He made her video. The present applicant, the friend of the co-accused, had demanded Rs.2.00 Lakh from the informant calling herself a police officer.

Heard Mr. Akshay Pradhan, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

Mr. G.S. Sandhu, learned Additional Advocate General for the State submitted on instruction that the investigation against the applicant is pending under Sections 419, 120B and Section 506 of the Indian Penal Code, 1860.

The statements of the victim have been recorded by the investigating officer. She has not stated that the applicant had demanded Rs.2.00 Lakh.

Mr. Akshay Pradhan, Advocate, contended that the applicant has been falsely implicated in the present matter. She is a permanent resident of District Haridwar, therefore, there is no chance of her absconding and she was granted interim bail on 20.03.2025, and, the conditions of the interim bail have not been violated by her.

Mr. G.S. Sandhu, learned Additional Advocate General for the State has 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 Application, filed for anticipatory bail, is allowed and order dated 20.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Nazma Bano, 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 cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.