Priyanka Singh @ Kashish vs State Of Uttarakhand

Ravindra Maithani, J

Applicant seeks anticipatory bail in Case Crime No.0031 of 2023, under Sections 120-B, 504, 506, 386, 389 IPC, Police Station Muni Ki Reti, District Tehri Garhwal.

Heard learned counsel for the parties and perused the record.

The informant had some strained relations with his wife. It is this time when the applicant entered into his life. They came close to each other. The FIR records that the informant extorted huge money from the informant by blackmailing him or by threatening him that if money is not given, she would implicate the informant in false cases of rape. In that process, other co-accused also assisted the applicant.

Learned counsel for the applicant would submit that the applicant is granted ad-interim anticipatory bail on 16.08.2023; the applicant cooperated during investigation; the Investigating Officer never wanted custodial interrogation of the applicant; now chargesheet has been filed, in which summons have been issued on 09.05.2024, which have been received by the applicant. Therefore, it is argued that it is a case fit for anticipatory bail now.

Learned State Counsel would submit that no custodial interrogation is required; the chargesheet has already been filed.

Learned counsel for the informant would submit that it is a case of extortion and the transactions are online, which have already been filed along with the objections. He would submit that there are voice chat between the parties, of which transcript is filed, which reveals that the applicant extorted the informant.

It is a stage of anticipatory bail. Admittedly the applicant and the informant were in relationship for some time. It is during that when, according to the informant, he was blackmailed and money was extorted from him. The Court had already granted ad-interim anticipatory bail to the applicant. The Investigating Officer never wanted custodial interrogation and the chargesheet has already been filed.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on her furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the court concerned.

(iii) The applicant shall deposit her passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, she shall give an undertaking to that effect to the court concerend.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.