Shivam Singh Rana vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant-Shivam Singh Rana seeking anticipatory bail in Case Crime No.50 of 2025, registered at Police Station Nanakmatta, District Udham Singh Nagar under Sections 376, 504 and Section 506 of the Indian Penal Code, 1860.

As per the First Information Report dated 12.02.2025, the engagement of the informant and the applicant took place on 07.09.2022. Their marriage was to be solemnized shortly. After engagement, the applicant established physical relations with the informant on multiple occasions at different places, but subsequently, he declined to marry her.

Heard Mr. Gaurav Kandpal, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.

Mr. Gaurav Kandpal, Advocate, contended that initially the applicant was genuinely intended to marry the informant, but, subsequently, there were gross differences. It is matter of scrutiny during trial whether conduct of the applicant would amount to deception or not. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 13.02.2025, and, the conditions of interim bail have not been violated by him.

Mr. Pradeep Lohani, learned Brief Holder, 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 13.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Shivam Singh Rana, 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.