Personal freedom is a very valuable fundamental right protected by Article 21 of the Indian Constitution, and it should only be restricted when necessary given the unique facts and circumstances of the situation: Uttarakhand High Court
Personal freedom is a very valuable fundamental right protected by Article 21 of the Indian Constitution, and it should only be restricted when necessary given the unique facts and circumstances of the situation is upheld by the Uttarakhand High Court in the case of Aman Goyal v. State of Uttarakhand through Justice Alok Kumar Verma.
FACTS OF THE CASE
In this case, a request for anticipatory bail was made in connection with an FIR filed for an offence under Sections 188, 269, 270, and 420 of the IPC, Section 3 of the Epidemic Diseases Act of 1897, and Section 51(b) of the Disaster Management Act of 2005 .
The applicant’s attorney claimed that although he is not named in the FIR, he has been wrongfully accused of being involved in this case at the behest of a co-accused named Sandeep. The applicant further pledged to cooperate with the investigating agency.
JUDGEMENT
Personal freedom is a very valuable fundamental right protected by Article 21 of the Indian Constitution, and it should only be restricted when necessary given the unique facts and circumstances of the situation.
The court ruled that the applicant-accused must post a personal bond of Rs. 30,000/- with two trustworthy sureties, each in the same amount, to the satisfaction of the investigating officer officer in order to be released on bail in the case of an arrest.
The applicant must be available during any required police interview, and he must refrain from directly or indirectly offering incentives, threats, or promises to anyone who knows the details of the case.
Accordingly, the Court approved the request for anticipatory bail.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL
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