Rahul Kumar Upadhyay vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Application has been filed by the applicant-Rahul Kumar Upadhyay seeking anticipatory bail in Case Crime No.124 of 2024, registered at Police Station Raiwala, District Dehradun under Sections 120B, 323, 344, 346, 347, 367, 374, 420 and Section 506 of the Indian Penal Code, 1860.

As per the First Information Report dated 05.06.2024, Vidhan Gautam, the brother of the informant, and his seven friends were assured of jobs in Thailand. Jai Joshi, the named accused, took their screening test through video call. They were taken to Bangkok on 21.05.2024. Seven days later, Vidhan Gautam’s WhatsApp call was received. He told that they have been kept in a room at an unknown place. He informed that two hundred persons have been held hostage there, including seventy Indians. Ten of these are residents of Uttarakhand.

Heard Mr. Mani Kumar, learned counsel for applicant, Mr. Pradeep Lohani, learned Brief Holder for respondent no.1 and Mr. Saurabh Kumar Pandey, learned counsel (through video conferencing) for victim.

Mr. Vidhan Gautam, the brother of the informant and the victim, is present through video conferencing. He is identified by Mr. Saurabh Kumar Pandey, Advocate.

Mr. Vidhan Gautam, the victim and the brother of the informant, has submitted that the applicant Rahul Kumar Upadhyay was not involved in the present offence.

Mr. Mani Kumar, Advocate, submitted that the applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding.

Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application.

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. It is directed that in the event of arrest of the applicant Rahul Kumar Upadhyay, 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.