Rahul vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 142 of 2024, registered at Police Station Patel Nagar, District Dehradun.

As per the First Information Report dated 25.02.2024, under the pretext of marriage, the applicant established physical relations with the informant. Now, he is not agreeable to marriage.

Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.

Mr. G.S. Sandhu, Additional Advocate General, informed that charge-sheet has been filed against the applicant under Section 376 and Section 506 of the Indian Penal Code, 1860. Opposing the anticipatory bail application, he submitted that the victim gave birth to a child and an application for DNA examination is pending before the trial court.

Mr. Rajat Mittal, Advocate, on the other hand, contended that there were love affairs between the applicant and the informant, who was major at that time. After some time, she demanded money from the applicant. Considering the financial conditions of the informant/alleged victim, the applicant helped her by giving her a sum of Rs.1,00,000/- on different dates. She had assured him that she would return the said amount to him. After some time, the applicant demanded his money from the informant, then the informant started making false allegations against him.

Mr. Rajat Mittal, Advocate, on instructions received from the applicant, further submitted that the applicant is ready to give sample for DNA examination. He does not have any criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, he was granted interim bail on 10.01.2025 and the conditions of the interim bail have not been violated by him.

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, the present Anticipatory Bail Application is allowed and the order dated 10.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Rahul, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) 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.