Shankar Sahokar vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant Shankar Sahokar seeking anticipatory bail in Case Crime No. 5 of 2022 (Criminal Case No. 117 of 2022), registered at Police Station Kausani, District Bageshwar.

According to the First Information Report dated 30.05.2022, the applicant under the pretext of marriage established physical relations with the informant on multiple occasions at various places.

The charge-sheet has been filed against the present applicant under Sections 376, 313, 323, 504 and Section 506 of the Indian Penal Code, 1860.

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

Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. He never made physical relation with the informant. He is ready for his DNA test. He is working in Club/Hotel and mostly works outside the territory of Uttarakhand, therefore, there was no occasion to meet with the informant. As per the First Information Report, the informant and the applicant were in a relationship from the year, 2012 and the First Information Report was lodged in the year, 2022, which creates a doubt about the prosecution story. Applicant has no criminal antecedents. He was never arrested during the investigation. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicant is a permanent resident of District Bageshwar, therefore, there is no possibility of his absconding.

Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application orally.

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 Shankar Sahokar, 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.