Alok Kumar Verma, J
1. This Application has been filed by the applicant for anticipatory bail in Case Crime No. 263 of 2024, registered at Police Station Manglaur, District Haridwar under Section 384 and Section 506 of the Indian Penal Code, 1860.
2. As per the First Information Report dated 07.04.2024, the applicant threatened the informant via his mobile phone number 9917345940 on 28.03.2024 at 8:40 p.m. that if he has to do the work in Manglaur area, he will have to pay Rs.2,000/- per day to him.
3. Heard Mr. Susheel Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.
4. Mr. Susheel Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. He neither threatened the informant nor demanded any money. He has not received any money from the informant. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he was granted interim anticipatory bail on 11.06.2025 and the conditions of the said bail have not been violated by him.
5. Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application.
6. 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.
7. 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 anticipatory bail, is allowed and order dated 11.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Jony alias Harsh, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;
(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(iv) Applicant shall not leave the country without the previous permission of the trial court.
8. 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.
