Akash Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Akash Kumar seeking anticipatory bail under Sections 115(2), 121(1), 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.81 of 2025, registered at Kotwali Jwalapur, District Haridwar.

According to the First Information Report dated 25.02.2025, the electricity was being stolen by the present applicant by adding a cable directly to the L.T. line. On cutting the said cable by the informant on 18.02.2025, the applicant assaulted him and abused him.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.

Mr. Gaurav Singh, Advocate contended that the applicant has been falsely implicated in the present matter. There is a delay of seven days in lodging the First Information Report and such delay has not been explained in the First Information Report.

Mr. Gaurav Singh, Advocate, further submitted that the applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, he was granted interim bail on 12.03.2025 and the conditions of interim bail have not been violated by him.

Mr. Pradeep Lohani, learned Brief Holder, on instructions, 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 12.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, named Akash 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) 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.