Pradeep Alias Deepu Alias Raj And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.276 of 2024, registered at Police Station Dineshpur, District Udham Singh Nagar under Sections 85, 115(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023, Section 3 and Section 4 of the Dowry Prohibition Act, 1961.

Heard Mr. Mani Kumar, learned counsel for applicants and Mr. G.S. Sandhu, learned Additional Advocate General for State.

Applicant no.1 is the husband of the informant. Applicant no.2 is the mother-in-law of the informant. Applicant no.3 is the sister-in-law (Nand) of the informant.

Mr. Mani Kumar, Advocate, submitted that the applicants have been falsely implicated in the present matter. Applicants are permanent residents of District Udham Singh Nagar, therefore, there is no chance of their absconding. Applicants were granted interim bail on 13.02.2025, and, the conditions of interim bail have not been violated by them. 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.

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 13.02.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Pradeep alias Deepu alias Raj, Surjeet Kaur and Roshni, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/-and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iii) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.