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Judgment
Alok Kumar Verma, J
This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.184 of 2024, registered at Police Station Jaspur, District Udham Singh Nagar under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code, 1860.
As per the First Information Report, the applicant no.1 and the applicant no.2 have wrongly shown a girl, namely Priyanka Prajapati, their daughter and taken benefit of the Government schemes.
Heard Mr. Jitendra Chaudhary, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent nos.1 & 2.
Notice was sent to the respondent no.3. As per the report of the Registry, notice has been served personally on the respondent no.3, but there is no representation on behalf of the respondent no.3.
Mr. Jitendra Chaudhary, Advocate submitted that the applicant no.1 had adopted the daughter of Vijay Pal Singh. But, the adoption deed was not registered. Mr. Vijay Pal Singh took back his daughter and now she is residing with her natural father Vijay Pal Singh. The applicants have not taken any benefit of the Government schemes for Priyanka Prajapati.
Mr. Jitendra Chaudhary, Advocate further submitted that the applicants are not convicted persons. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding. Charge-sheet has been filed against the applicant no.1, therefore, there is no chance of tampering with the evidence. The applicants were granted interim bail on 19.11.2024. The conditions of the interim bail have not been violated by them.
Mr. G.S. Sandhu, Additional Advocate General has opposed the anticipatory bail application. However, he submitted that after the investigation, the Investigating Officer has filed the charge-sheet against the applicant no.1-Suraj Singh. The applicant no.2-Smt. Vidhya Devi and applicant no.3-Jasveer Singh have been exonerated by the Investigating Officer.
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 qua the applicant no.1- Suraj Singh is allowed and the order dated 19.11.2024, granting interim bail to the applicant-Suraj Singh, is made absolute. It is directed that in the event of arrest of the applicant-Suraj Singh, 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.