Rehman Ahmad vs State Of Uttarakhand

This is an Anticipatory Bail Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

As per the complaint, moved by the informant/ victim, the applicant under the pretext of marriage established physical relations with the informant on multiple occasions at various places. The applicant was granted interim bail on 06.12.2024 by the coordinate Bench of this Court. After passing the said order, an FIR (FIR No.369 of 2024) was registered under Section 376 and Section 506 of the Indian Penal Code, 1860 at Police Station Vikas Nagar, District Dehradun. Therefore, the order dated 06.12.2024 was modified on 17.12.2024. On 17.12.2024, the coordinate Bench passed the order: -

“4. Having considered, as an ad-interim measure, till the next date of listing, in the eventuality of arrest in FIR No.369 of 2024, Police Station Vikas Nagar, District Dehradun, the applicant shall be released on bail subject to his furnishing personal bond and two sureties, to the satisfaction of the Arresting Officer (“AO”), subject to the following: -

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

(ii) He shall cooperate with the investigation.

(iii) He shall not leave the country without prior permission of the court concerned.

(iv) He shall deposit his 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, he shall give an undertaking to that effect to the AO.

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

Heard Mr. Ajay Joshi, learned counsel holding brief of Mr. Rajat Mittal, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pradeep Lohani, learned Brief Holder for State.

Mr. Ajay Joshi, Advocate appearing for the applicant, submitted that the applicant has been falsely implicated in the present matter. The inform ant and the applicant were major. They were in relationship for three years, but in the year 2023, both of them ended their relationship, but, the inform ant is still sending messages to the applicant.

Mr. Ajay Joshi, Advocate, further submitted that the applicant has no criminal antecedents. He is a perm anent resident of District Dehradun, therefore, there is no likelihood of his absconding, and, chargesheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pratiroop Pandey, learned A.G.A. appearing for the State, has opposed the anticipatory bail application. However, he has submitted on instruction that the applicant is not required for 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 circum stances of the case, without commenting on the merits of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 17.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of the arrest of the applicant, namely, Rehman Ahmad, 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.