Musavvir Hussain vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed by the applicant-Musavvir Hussain seeking anticipatory bail in Case Crime No.667 of 2024, registered at Police Station Patel Nagar, District Dehradun under Section 115(2) and Section 123 of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 22.10.2024, there was a dispute between the applicant and his wife, the informant of the present FIR. The applicant brought Golgappe (Water balls) on 21.10.2024. The informant’s sister had taken the said Golgappe (water balls), after which, her health deteriorated. She was admitted to the hospital.

Heard Mr. Piyush Garg, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondents.

Mr. Piyush Garg, Advocate submitted that the applicant has been falsely implicated in the present matter. He had executed a gift deed in favour of his wife. Thereafter, he filed an Original Suit (O.S. No.92 of 2021) for cancellation of the said gift deed. The said civil suit is pending. The informant, the wife of the present applicant, has attempted to cloak the dispute of civil nature into criminal case.

Mr. Piyush Garg, Advocate further submitted that the applicant, aged about 61 years, is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. He is not a convicted person. He was granted interim bail on 10.03.2025, and, the conditions of the interim bail have not been violated by him.

Mr. G.S. Sandhu, Additional Advocate General, on the other hand, has opposed the anticipatory bail application. However, he submitted that the sister of the informant was discharged from the hospital three days after of the incident.

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 10.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Musavvir Hussain, 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.