Vaqas Hasan Khan vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed by the applicant Vaqas Hasan Khan seeking anticipatory bail in Case Crime No.203 of 2025, registered at Police Station Manglaur, District Haridwar under Sections 115(2), 308(2), 351(2), 352, 64(2)(m), 69 and Section 77 of the Bharatiya Nyaya Sanhita, 2023.

As per the First Information Report dated 01.03.2025, the informant and the applicant met through Facebook. Applicant had promised to marry her. Under this assurance, he established physical relations with her. But, thereafter, he denied. He made the informant’s photo viral.

Heard Mr. Imran Ali Khan, learned counsel for the applicant, Mr. G.S. Sandhu, learned Additional Advocate General for the respondents and Mr. Saurabh Kumar Pandey, learned counsel for the informant.

Mr. Imran Ali Khan, Advocate submitted that the applicant has been falsely implicated in the present matter. He married the informant on 06.09.2024 in accordance with Muslim Law. He has filed a copy of Nikahnama.

Mr. Imran Ali Khan, Advocate further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Bijnor (Uttar Pradesh), therefore, there is no possibility of his absconding. Applicant was granted interim bail on 08.05.2025, and, the conditions of the interim bail have not been violated by him.

Mr. G.S. Sandhu, Additional Advocate General, on instructions, submitted that photos, as mentioned in the First Information Report, have not been found by the Investigating Officer. However, Mr. G.S. Sandhu, Additional Advocate General has opposed the anticipatory bail application.

Mr. Saurabh Kumar Pandey, Advocate has also 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 08.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Vaqas Hasan Khan, 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 the trial 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.