Sharafat Hussain Aias Sharafat Thekedar vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Sharafat Hussain alias Sharafat Thekedar, the father-in-law of the victim seeking anticipatory bail in Case Crime No.205 of 2025, registered at Police Station Jaspur, District Udham Singh Nagar under Sections 115(2), 123, 351(2), 352, 85 of the Bharatiya Nyaya Sanhita, 2023, Section 3 and Section 4 of the Dowry Prohibition Act, 1961.

Heard Mr. Basant Singh, learned counsel for the applicants, Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Yogesh Upadyaya, learned counsel for the informant and victim.

Counter affidavit is taken on record.

Learned counsel for the applicant submitted that the applicant, aged about 73 years, is the father-in-law of the alleged victim. He never demanded any dowry. He has been falsely implicated in the present matter. The husband, mother-in-law and sister-in-law (Nanad) have already been granted anticipatory bail. Applicant was granted interim anticipatory bail on 21.05.2025, and, the conditions of the interim bail have not been violated by him.

Learned counsel for the State andlearned counsel for the informant & victim have opposed the anticipatory bail application.

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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 21.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sharafat Hussain alias Sharafat Thekedar, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend thetrial court regularly and he shall not seek any unnecessary adjournment;

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

(iv) 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.