Rahul Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant – Rahul Kumar seeking anticipatory bail in the First Information Report bearing registration no.535 of 2024, registered at Police Station Jhabrera, District Haridwar under Sections 109, 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

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

Mr. Gaurav Singh, Advocate, submitted that the applicant has been falsely implicated in the present matter. He was not present on the spot. He does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, he was granted interim bail on 03.01.2025, and, the conditions of the interim bail have not been violated by him.

Mr. G.S. Sandhu, learned Additional Advocate General has opposed the anticipatory bail application. However, he submitted that it is no injury case.

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 Anticipatory Bail Application is allowed and the order dated 03.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Rahul Kumar, 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.