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Judgment
Alok Kumar Verma, J
The present Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 207 of 2024, registered at Police Station Basant Vihar, District Dehradun under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023.
According to the First Information Report dated 13.10.2024, the applicant entered the informant’s house at 10:00 p.m. on 10.10.2024 and attacked his son with a knife, due to which his son got injured.
Heard Mr. Akshay Pradhan, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.
Mr. Akshay Pradhan, Advocate, submitted that the applicant has been falsely implicated in the present matter. He had gone to a shop to buy some groceries. The informant’s son (alleged victim) and his friends misbehaved with him and beat him. He moved an application on the same day of the incident, i.e. 10. 10.2024 before the Reporting Police Chowki, Indranagar, Dehradun but no action was taken by the police. Therefore, a complaint dated 11.10.2024 was submitted by the applicant to the Police Station Basant Vihar, Dehradun. Applicant is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. He was granted interim bail on 17.06.2025, and, the conditions of the interim bail have not been violated by him.
Mr. Pradeep Lohani, Brief Holder, 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 Anticipatory Bail Application is allowed and the order dated 17.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Kamalkant Thapliyal, 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 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 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.