BHASKAR RAJ PRADHAN
Sumantra Gupta, S/o Shri Shaibal Gupta – Appellant
Versus
State of Sikkim – Respondent
ORDER :
Bhaskar Raj Pradhan, J.
1. The locus classicus on the concept of “anticipatory bail” vis-à-vis the concern for personal liberty under Article 21 of the Constitution of India is the Constitutional Bench judgment in re: Shri Gurbaksh Singh Sibbia & Ors. v. State of Punjab, (1980) 2 SCC 565. The said judgment and the comparatively recent rendition of the Supreme Court in re: (2011) 1 SCC 694 were relied upon by Mr. A. K. Upadhyaya, learned Senior Advocate for the Applicant who apprehends imminent arrest in view of the lodgment of First Information Report (FIR) No.0004 dated 16.03.2019 at the office of the Crime Branch (CID), Police Headquarter, Gangtok for alleged offences committed by unknown person under Section 419, 468, 471, 420, 120B of the Indian Penal Code, 1860 (IPC) as well as Section 66 (C) and Section 66(D) of the Information Technology Act, 2000 (IT Act).
2. Emphasizing the need to preserve the personal liberty of the Applicant the learned Senior Counsel submitted that the Applicant was not involved in any crime for which punishment prescribed was death or imprisonment for life. He pointed out the order dated 04.06.2019 passed by the learned Judicial Magistrate, 1st C
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