ABA/15/2021
2021 Latest Caselaw 299 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
      ON THE 27TH DAY OF JANUARY, 2021
                       BEFORE:
HON'BLE SHRI JUSTICE SHARAD KUMAR SHARMA

ANTICIPATORY BAIL APPLICATION No. 15 of 2021


BETWEEN:

Gagandeep Singh Makkar (Male) aged about 39 years
son of shri Paramjit Singh Makkar, R/o H.No. 503-L,
Model Town, Near S.B.I. Bank Karnal, Haryana.
                                          ....Applicant
     (By Mr. Yogesh Pant, Advocate)


AND:

State of Uttarakhand through District Magistrate,
Dehradun.
                                        .....Respondent

     (By Mr. J.S. Virk, Deputy Advocate General and Mr.
     Rakesh Kumar Joshi, Brief Holder for the State of
     Uttarakhand)


                     JUDGMENT

The Anticipatory Bail Application has been filed by the applicant seeking his interim bail for his alleged involvement in commission of the offences under Section 376, 323 & 506 I.P.C., which was registered by the complainant before the Police Station Patel Nagar, District Dehradun, on 30.10.2020 for the aforesaid offences.

2. The fact, which is reflected from the record, is that the complainant herself was carrying a long

term relationship for about couple of years even much prior to the registration of the F.I.R. and, not even that, she has also been found to be travelling with the present applicant at different places, as it has been narrated in the F.I.R. by the complainant herself.

3. Apart from it, looking to the fact that earlier applicant had approached this Court and filed Writ Petition (Criminal) No. 1914 of 2020, in which the Co- ordinate Bench of this Court, by an order dated 21.11.2020, had protected the applicant from his arrest for a period of one month "in order to enable him to approach for seeking an appropriate remedy".

4. The observation made therein "for seeking an appropriate remedy", would entail the applicant approaching the regular Court for getting a regular bail, not an anticipatory bail, but, however, looking to the set of allegations, the arrest of the applicant is being suspended for a period of six weeks only, as an interim measure, in order to enable him to approach the regular Court, for seeking his bail for his alleged involvement in the aforesaid offences.

5. Subject to the above, the Anticipatory Bail Application stands disposed of.

6. The bail would be granted to the applicant, subject to furnishing of his personal bond as well as two sureties of the like amount to the satisfaction of Magistrate concerned.

(SHARAD KUMAR SHARMA, J.) Vacation Judge Arpan