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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK KUMAR VERMA, J.
Dilsher Singh - Applicant
Versus
State of Uttarakhand - Respondent
Anticipatory Bail Application No. 1111 of 2023
Decided On : 05-01-2024
ANTICIPATORY BAIL - CRIMINAL PROCEDURE - The court granted anticipatory bail under Section 438 of the Code of Criminal Procedure, emphasizing the importance of personal liberty under Article 21 of the Constitution. The court found that the applicant was not a flight risk and that custodial interrogation was unnecessary, given that a charge-sheet had already been filed. Conditions were imposed to ensure the applicant's presence at trial and to prevent interference with the investigation.
Fact of the Case:
The applicant, Dilsher Singh, sought anticipatory bail in connection with multiple charges under the Indian Penal Code and the Prevention of Corruption Act. He argued that he was falsely implicated and posed no flight risk as a permanent resident of the area.
Finding of the Court:
The court noted that the applicant had not been arrested during the investigation and that the charge-sheet had been filed, indicating that custodial interrogation was not necessary. The court highlighted the significance of personal liberty and the need for caution in restricting it.
Issues: Whether the applicant should be granted anticipatory bail considering the charges against him and the circumstances of the case.
Ratio Decidendi: The court established that anticipatory bail can be granted when the applicant is not a flight risk and when custodial interrogation is not warranted, reinforcing the principle that personal liberty is a fundamental right that should be protected.
Result: The court granted anticipatory bail to the applicant, subject to specific conditions to ensure compliance and prevent interference with the trial.
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 420, 465, 466, 468, 471, 474, 120 B, 34 of the Indian Penal Code, 1860, Section 8 and Section 9 of the Prevention of Corruption Act, 1988 in connection with the First Information Report No.32 of 2017 (Special Sessions Trial No.4 of 2020), registered at police station Pant Nagar, District Udham Singh Nagar.
2. Heard Mr. Lalit Sharma, learned counsel for applicant and Mr. V.K. Gemini, learned Deputy Advocate General assisted by Mr. Sandeep Sharma, learned Brief Holder for State.
3. Learned counsel for State has opposed the Anticipatory Bail Application orally.
4. Mr. Lalit Sharma, Advocate, contended that the applicant, aged about 55 years, has been falsely implicated in the present matter. He was not arrested during the course of the investigation. He is not a previous convict. He is a permanent resident of District, Udham Singh Nagar, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant.
5. Mr. V.K. Gemini, learned Deputy Advocate General for the State submits that the charge-sheet has been filed, therefore, custodial interrogation of the applicant is not needed.
6. 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.
7. In the facts and circumstances of the case, applicant- Dilsher Singh is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs.30,000/- and two reliable sureties, each in the like amount on the following conditions:-
(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.
8. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.
9. Anticipatory Bail Application (No. 1111 of 2023) stands disposed of accordingly.
The court established that anticipatory bail can be granted when the applicant demonstrates no risk of absconding or interfering with the investigation, especially when custodial interrogation is not....
The court established that anticipatory bail can be granted when the applicant demonstrates no flight risk and when custodial interrogation is not warranted, reinforcing the protection of personal li....
Anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure when the applicant demonstrates a lack of flight risk and the necessity of protecting personal liberty, especially....
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The court established that anticipatory bail can be granted when personal liberty is at risk and no evidence warrants custodial interrogation.
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 ....
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