Anticipatory bail may be granted upon showing that personal liberty must be preserved unless justified by compelling circumstances.

Hon’ble Alok Kum ar Verm a,J.

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 82 of 2024, registered at Police Station Muni-Ki-Reti, District Tehri Garhwal under Sections 406, 420, 504, 506 and Section 120B of the Indian Penal Code, 1860.

2. According to the First Information Report dated 16.06.2024, the applicant no.2 Kamini Chopra had entered into an agreement with the informant to sell a property. The informant has given Rs.1,13,00,000/- to the applicant no.2. But, the property was not sold to the informant. The applicant no.1, the son of the applicant no.2, is also involved in this conspiracy.

3. Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.

4. Mr. Vaibhav Singh Chauhan, Advocate, contended that the applicants have been falsely implicated in the present matter. The informant has not complied with the terms of the agreement. Applicants have no criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no possibility of their absconding. They were not arrested during the course of the investigation. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

5. Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application orally.

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. 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 applicants Chahat Chopra and Smt. Kamini Chopra, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to 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.

8. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.