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Judgment
Alok Kumar Verma, J
The present Application has been filed by the applicant-Amit Chauhan seeking anticipatory bail under Sections 34, 366, 376 and Section 376 (2)(n) of the Indian Penal Code, 1860 in Case Crime No.389 of 2024, registered at Police Station Vikas Nagar, District Dehradun.
Heard Mr. Sanjay Kumar, learned counsel for applicant, Mr. G.S Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the respondent nos.1 & 2 and Mr. Pawan Mishra, learned counsel for the respondent no.3- inform ant/ victim.
Supplementary affidavit, filed by the applicant, is taken on record.
As per the Supplementary Affidavit, the respondent no.3, informant/ victim filed her affidavit dated 13.02.2025 stating therein that due to some misunderstanding, she lodged the present FI R on 24.012.2024 under Sections 34, 366, 376 and Section 376 (2)(n) of the Indian Penal Code, 1860. Now she does not want to prosecute the applicant in the present matter.
Mr. Sanjay Kumar, Advocate, contended that the applicant does not have any criminal antecedents, and he is a permanent resident of District Dehradun, therefore, there is no chance of his absconding.
Mr. G.S. Sandhu, learned Addl. Advocate General, 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 circum stances of the case, the present Anticipatory Bail Application (ABA No.1332 of 2024) is allowed. It is directed that in the event of arrest of the applicant-Amit Chauhan, 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.