Utt HC │Article 21 is very precious fundamental right and should be curtailed only when it becomes imperative; Court grants anticipatory bail

Uttarakhand High Court

Uttaranchal High Court: Alok Kumar Verma, J., allowed an application for anticipatory bail which was filed in connection with FIR registered for the offence under Sections 188, 269, 270, 420 of IPC, Section 3 of the Epidemic Diseases Act, 1897 and Section 51 (b) of the Disaster Management Act, 2005.

Advocate for the applicant submitted that the applicant is not named in the FIR; he has been falsely implicated in this matter at the instance of a co-accused Sandeep; the applicant undertakes that he will co-operate with the Investigating Agency.

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.

The Court directed that in the event of arrest the applicant–accused 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:-

  • The applicant shall make himself available at the time of interrogation by a police officer as and when requires;
  • The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

[Aman Goyal v. State of Uttaranchal, 2021 SCC OnLine Utt 1170, decided on 07-10-2021]


Suchita Shukla, Editorial Assistant has put this report together 

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