Nirvair Singh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant for grant of anticipatory bail under Sections 115(2), 308(2) and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 69 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar.

As per the First Information Report dated 06.02.2025, the applicant shown himself as the State President of Hum an Rights in the Government and after threatening the informant, took Rs.5,000/ - and Aadhaar card from him.

Heard Mr. Harsh Vardhan Dhanik, learned counsel for the applicant and Mr. G.S. Sandhu, learned Addl. Advocate General for the respondents.

Mr. Harsh Vardhan Dhanik, Advocate contended that the applicant has been falsely implicated in the present matter. He is an innocent person. He does not have any criminal antecedents. He is a permanent resident of District Rampur, Uttar Pradesh, therefore, there is no chance of his absconding. He was granted interim bail vide order dated 03.03.2025. He has not misused terms and conditions of the interim bail.

Mr. G.S. Sandhu, Addl. Advocate General, on instructions, has opposed the anticipatory bail application orally.

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 circum stances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 03.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Nirvair Singh, 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 cooperate with the Investigating Agency and he shall make himself 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 he 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 him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.