Vipin Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.527 of 2020 (Criminal Case No.1947 of 2021), registered at Kotwali Roorkee, District Haridwar.

The objection of the Registry regarding defect is overruled.

The First Information Report was registered against five persons including the present applicant for the offence under Sections 376D, 385, 506 of the Indian Penal Code, 1860, Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 67B of the Information Technology Act, 2000, Section 3(2) and Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Pradeep Lohani, learned Brief Holder for the State, submitted that the charge-sheet has been filed only against the present applicant for the offence under Section 376 and Section 506 of the Indian Penal Code, 1860.

As per the First Information Report dated 30.09.2020, the applicant committed rape on the informant’s daughter on the pretext of marriage. The applicant along with four others also raped his daughter.

Mr. Mohd. Safdar, Advocate, for the applicant contended that the applicant has been falsely implicated in the present matter. He has no criminal antecedents. He was not arrested during the course of the investigation. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pradeep Lohani, learned Brief Holder for the State, 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Vipin Kumar, 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.