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2025 DAILYLAW 13133 (UTT)

RAKHI PRADHAN v. STATE OF UTTARAKHAND

ABA/1206/2024 · 2025-03-11

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:1704 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 11TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.1206 of 2024 Rakhi Pradhan ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Prince Chauhan, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. [ Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Smt. Rakhi Pradhan, seeking anticipatory bail in Case Crime No.535 of 2024, registered at Kotwali Roorkee, District Haridwar. 2. As per the FIR, the applicant induced the informant to invest in a committee, but, subsequently, it was revealed that she was not in the committee and she cheated the informant. 3. Heard Mr. Prince Chauhan, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, 1 2025:UHC:1704 learned Brief Holder for respondent. 4. Mr. G.S. Sandhu, learned Additional Advocate General, submitted that charge-sheet against the present applicant has been filed under Section 406 and Section 504 of the Indian Penal Code, 1860. 5. Vide order dated 10.12.2024, passed by the coordinate Bench, the applicant was granted interim bail. It is not the case of the respondent that the applicant has misused or violated the condition of the anticipatory bail. 6. Mr. Prince Chauhan, Advocate, submitted that the applicant does not have any criminal antecedents. She is a permanent resident of District Haridwar, therefore, there is no chance of her absconding. 7. 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. 8. 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 2 2025:UHC:1704 anticipatory bail, is allowed and order dated 10.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of the arrest of the applicant, namely, Rakhi Pradhan, she 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 she 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. 9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:11.03.2025 Neha 3