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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 409, 420 and Section 120 B of the Indian Penal Code, 1860 in connection with the Case Crime No.176 of 2020, registered at police station Bhagwanpur, District Haridwar.
Despite getting ample opportunity to file objection(s) to the Anticipatory Bail Application, objection(s) has not been filed by the State.
Mr. Aditya Singh, learned counsel for applicant through video conferencing and Mr. Akshay Latwal, learned Brief Holder for State.
Mr. Akshay Latwal, learned Brief Holder, has opposed the Anticipatory Bail Application orally.
Mr. Aditya Singh, Advocate, contended that the applicant, aged about 50 years, was a trustee of Guru Nanak Educational Trust. The Institute-in-question was being run by the said trust. Applicant resigned from the said trust in the year 2018. He was granted interim protection by this Court in Writ Petition (Criminal) No.1242 of 2020, filed under Article 226 of the Constitution of India. He does not have any criminal antecedents. He is a permanent resident of North Avenue Road West Punjabi Bagh, Delhi, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation, and, applicant has been granted Interim Anticipatory Bail in the present matter.
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.
In the facts and circumstances of the case, applicant- Gur Simran Singh Chadha 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:-
(i) Applicant shall attend the Trial court regularly and he shall not seek any unnecessary adjournment;
(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.
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.
Anticipatory Bail Application (No. 1015 of 2023) stands disposed of accordingly.