Sukhvinder And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 438 of the Code of Criminal Procedure, 1973 has been filed for Anticipatory Bail under Section 306 of the Indian Penal Code, 1860 in connection with the First Information Report No.377 of 2020, registered at police station Pathri, District Haridwar.

An FIR was lodged by the son of the deceased. As per the First Information Report, applicants had beaten the informant’s father on 30.11.2020. His father had reported the incident to the police. Applicants were pressurizing his father to compromise. His father committed suicide today on 01.12.2020 by going to a tube well and consuming poisonous substance. A suicide note has also been found.

Heard Mr. Bhuwan Bhatt, learned counsel for the applicants and Mr. V.K. Jemini, learned Deputy Advocate General assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Bhuwan Bhatt, Advocate, contended that the applicants have been falsely implicated in the matter. There was no positive act on the part of the applicants to instigate or aid in committing suicide and no evidence exists to connect the applicants for causing offence under Section 306 IPC. Applicants were granted interim relief. They have not misused the interim relief. Applicants have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no likelihood of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Mr. V.K. Jemini, learned Deputy Advocate General for the State has 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.

In the facts and circumstances of the case, the applicants, namely, Sukhvinder and Neetu are directed to be released on Anticipatory Bail, in the event of their arrest, on furnishing their personal bond of Rs. 30,000/- each and two reliable sureties, each in the like amount on the following conditions:-

(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case so as to dissuade them from disclosing such facts to the Court or to any police officer;

(iii) Applicants shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No. 26 of 2021) stands disposed of accordingly.