IMPORTANT POINT
Anticipatory Bail – 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 peculiar facts and circumstances of case.

JUDGMENT

Alok Kumar Verma, J.—Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 147, 183, 186, 353, 379, 411 of the Indian Penal Code, 1860 and Section 4 read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 in connection with the Case Crime No.324 of 2017 (Criminal Case No.168 of 2019), registered at police station Kotwali Gangnahar Roorkee, District Haridwar.

2. As per the case of the prosecution, informant Pawan Dimri, Sub-Inspector, was busy in patrolling duty with other police personnel on 29.08.2017. He received a wireless message that a tractor trolley was loaded with stolen sand. Three tractors and two trolleys parked at Saliar Check Post were found filled with sand. Seeing the police, four persons ran away from the spot. Two persons were arrested by the police. The arrested co-accused persons stated in their confessional statements that Sachin Saini and Imran (present applicants) were also among those who fled from the spot. Upon conclusion of the investigation, charge-sheet was filed.

3. Heard Mr. Mohd. Safdar, learned counsel for applicants and Mrs. Manisa Rana Singh, learned A.G.A. for State.

4. Mr. Vinod Bhatt, Sub-Inspector, Police Training Centre, Narendra Nagar, District Tehri Garhwal/ Investigating Officer is present through video conferencing.

5. Mr. Mohd. Safdar, Advocate, contended that the applicants are innocent persons. They have no criminal history. They have been implicated by the co-accused persons. They are permanent residents of District Haridwar. Therefore, there is no possibility of their absconding, and, the said offences are triable by Magistrate.

6. Mr. Mohd. Safdar, Advocate, further argued that the Investigating Officer had served them notice under Section 41 A of the Code of Criminal Procedure, 1973 during the investigation. They (applicants) had given him their Aadhaar Cards with their addresses, despite which the Investigating Officer showed their wrong address in the charge-sheet, due to which summons were not served to them. Despite this, non-bailable warrant and processes under Section 82 of the Code of Criminal Procedure, 1973 are issued against them.

7. Mr. Vinod Bhatt, Investigating Officer, has submitted that addresses of the applicants were wrongly mentioned by him in the charge-sheet.

8. Mrs. Manisha Rana Singh, A.G.A., has opposed the Anticipatory Bail Application, however, she conceded that summons were not served on the applicants.

9. 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.

10. In the facts and circumstances of the case, applicants- Sachin Saini and Imran are directed to be released on Anticipatory Bail, in the event of their arrest, on furnishing their personal bond of Rs.30,000/- 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.

(iii) Applicants shall not leave the country without the previous permission of the Trial Court.

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

12. Anticipatory Bail Application (No.866 of 2023) stands disposed of accordingly.