Rohit Sah vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail under Section 376 and Section 506 of the Indian Penal Code, 1860 in connection with the First Information Report No.120 of 2022, registered at police station Nehru Colony, District Dehradun.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. V.S. Rathore, learned AGA for the State.

As per First Information Report, the prosecutrix met the applicant sometime in the year, 2014. Applicant had established physical relation with her without her consent and when she protested, applicant and his family members promised to get her married to the applicant. On 21.11.2021, engagement ceremony was held and the date of marriage was fixed, but, thereafter, the applicant refused to marry with her.

Mr. Lalit Sharma, Advocate, contended that applicant has suffered facial paralytic attack, therefore, so called victim started ignoring him.

Despite availing sufficient opportunity to file objection(s) to the Anticipatory Bail Application, objection(s) has not been filed by the State.

Mr. V.S. Rathore, learned AGA for the State, has opposed the anticipatory bail application orally.

On 11.05.2022, an Interim Anticipatory Bail was granted by the Coordinate Bench.

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.

In the facts and circumstances of this case and having regard to the submissions of learned counsel for both the parties, confirming the Interim Anticipatory Bail order dated 11.05.2022, it is directed that in the event of arrest of the applicant Rohit Sah, he will be released on Anticipatory Bail on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/ Arresting Officer with the condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates the said condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.88 of 2022) stands disposed of accordingly.