Sunny vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Sect ion 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of Anticipatory Bail under Sections 307 and 504 of the Indian Penal Code, 1860 in case bearing Crime No. 232 of 2018, registered at Police Station Bahadrabad, District Haridwar.

Heard Mr. Mohd. Alauddin, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA assisted by Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Vide order dated 28.11.2024, the applicant was granted interim bail.

Mr. Mohd. Alauddin, Advocate, appearing for the applicant, submitted t hat t his is no injury case. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. Charge- sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pratiroop Pandey, learned AGA for the State, has opposed the Anticipatory Bail Application. However, he has conceded that this is no injury case.

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 fact s and circumstances of the case, without commenting on the merits of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and order dated 28.11.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely, Sunny, he should 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.