Talib @ Arjun vs State Of Uttarakhand And Others

Ravindra Maithani, J

Applicant seeks anticipatory bail in Case Crime No. 214 of 2024, under Sections 384, 504, 509 IPC, Police Station Gangnahar, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant came close to the informant through some social media platform and befriended each other. The applicant has concealed his real identity. Subsequently, the informant stopped talking to the applicant. The applicant demanded money. Rs.20,000/- were given to him, but he still continued harassing the informant. Subsequently, the husband of the informant came to know about it and the FIR was lodged.

Learned counsel for the applicant would submit that, in fact, earlier the applicant had filed a civil suit against the husband of the informant because he had cheated the applicant. He would submit that it is totally a false case.

Learned State counsel would submit that there is specific allegation against the applicant.

It is the stage of anticipatory bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

The informant in her statement given to the Investigating Officer has stated that she was talking to the applicant for the last 5-6 years. Thereafter, she was threatened that in case, she does not give money to the applicant, he would make the videos viral.

The Court wanted to know from learned State counsel as to whether any money was, in fact, given to the applicant, as alleged in the FIR? He would submit that there is no record to that effect.

Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the concerned court.

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.