ABA/149/2022
2022 Latest Caselaw 2221 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     21ST JULY, 2022

      ANTICIPATORY BAIL APPLICATION NO. 149 of 2022



Between:

Inderjeet Singh                                 ...Applicant

and

State of Uttarakhand and others.             ...Respondents


Counsel for the Applicant   :    Mr. Piyush Garg.
                                 learned counsel.

Counsel for the State       :    Mr. Pratiroop Pandey,
                                 learned A.G.A. for the
                                 State.


Counsel for the Victim      :    Mr. Shailendra Nauriyal,
                                 learned counsel.


Hon'ble Alok Kumar Verma,



           The    present       applicant-accused,   namely,

Inderjeet Singh, had earlier filed a Criminal Writ Petition

(No.779 of 2022) under Article 226 of the Constitution of

India to quash the impugned FIR (No.0086, registered

with Police Station Kotwali Dehradun for the offence under

Section 285 of IPC). Section 436 of IPC was added during

the investigation. The said writ petition was dismissed on

merit on 05.05.2022.
                                     2

2.           Mr. Piyush Garg, the learned counsel for the

applicant submitted that after dismissal of the said writ

petition, the applicant had filed an Anticipatory Bail

Application before the Sessions Judge, Dehradun. On

20.06.2022,      interim     protection   was    granted     by   the

Incharge       Sessions     Judge,      Dehradun      in   the    said

Anticipatory Bail Application (No.984 of 2022). He further

submitted that on 30.06.2022, the learned counsel for the

State    had     argued      that    Non-bailable     Warrant     and

proceedings under Section 82 of the Code of Criminal

Procedure, 1973 have already been issued, therefore, the

said    Anticipatory      Bail   Application    was    rejected    on

30.6.2022.

3.           Present Anticipatory Bail Application has been

filed under Section 438 of the Code of Criminal Procedure,

1973 to grant anticipatory bail in the event of arrest of the

applicant.

4.           Mr. Piyush Garg, the learned counsel for the

applicant submitted that after dismissal of the writ

petition, filed under Article 226 of the Constitution of

India, present Anticipatory Bail Application is maintainable.

In support of the said submissions, the learned counsel for

the    applicant has       relied upon the judgments, M/S

Neeharika, Infrastructure Pvt Ltd. vs. The State Of

Maharashtra and Others, 2021 SCC ONLINE SC 315,
                                    3

The State Of Telangana vs Habib Abdullah Jeelani &

Ors, (2017) 2 SCC 779 and Sushila Aggarwal vs

State (Nct Of Delhi) and Another, (2020) 5 SCC 1.

5.          Mr. Piyush Garg, the learned counsel for the

applicant argued that non-bailable warrant was issued

without a bailable warrant and the alleged proclamation

under Section 82 of the Code of Criminal Procedure, 1973

was never executed/published.

6.          On 19.07.2022, the learned counsel for the

State had sought for two days' time to get instructions.

Today,     Mr.   Pratiroop    Pandey,       the    learned   A.G.A.,

appearing for the State submitted that instructions have

been received from the Investigating Officer and according

to the said instructions, the said process under Section 82

of the Code of Criminal Procedure, 1973 was neither

executed nor published as yet.

7.          The learned counsel for the State and the

learned counsel for the victim requested six days' time to

file    objection(s)   to    the       present    Anticipatory    Bail

Application.

8.          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.
                                        4

9.                Having considered the submissions of learned

counsel for both the parties and in the facts and

circumstances of the case, without expressing any opinion

as to the merit of the case, this court directs that in the

event of arrest, the applicant-accused Inderjeet Singh

shall be released on bail on furnishing a personal bond of

Rs.30,000/- with two reliable sureties, each in the like

amount            to     the   satisfaction   of      the   Investigating

Officer/Arresting Officer with the following conditions:-

           (i) The applicant shall not directly or indirectly make
           any inducement, threat or promise to any person
           acquainted with the facts of the case.

           (ii) The applicant shall not leave India without
           the previous permission of the Court;


10.               At the request of learned counsel for the victim,

list       this   case    on   01.08.2022     after    fresh   cases   for

arguments on the application of anticipatory bail.


                                           ___________________
                                           ALOK KUMAR VERMA, J.

Dt: 21.07.2022 JKJ/Pant