Ramendra Pratap Alias Ramendra Prasad vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant Ramendra Pratap alias Ramendra Prasad seeking anticipatory bail in FIR No. 127 of 2020 (Criminal Case No. 3635 of 2021), registered at Police Station Lalkuan, District Nainital under Section 306 of the Indian Penal Code, 1860 (in short, “IPC”).

According to the First Information Report dated 02.05.2020, the applicant used to harass the informant’s brother to get his money. A little amount of the applicant was left with his brother. His brother died on 30.04.2020. A suicide note of his brother was recovered.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Lalit Sharma, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. Charge-sheet under Section 306 of the IPC has been filed before the concerned Court, but, the alleged suicide note does not show that the applicant had in any way provoked, incited or encouraged the deceased to commit suicide. Therefore, the ingredients of Section 306 of the IPC are not fulfilled. Charge-sheet has been filed before the competent Court, therefore, there is no chance of tampering with the evidence. Applicant does not have any criminal antecedents. He is a permanent resident of District Etah, Uttar Pradesh, therefore, there is no possibility of his absconding.

Mr. Chitrarth Kandpal, Brief Holder, on instructions, has opposed the anticipatory bail application orally. However, he submitted that the charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation.

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 Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Ramendra Pratap alias Ramendra Prasad, 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 clarified 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.