Affirming existing precedent, the Uttarakhand High Court holds that personal liberty under Article 21 warrants anticipatory bail, converting interim bail into final relief with conditions; persuasive authority in criminal cases
Summary
| Category | Data |
|---|---|
| Case Name | ABA/265/2025 of RISHI BAJAJ Vs STATE OF UTTARAKHAND |
| CNR | UKHC010033292025 |
| Date of Registration | 11-03-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Hon’ble Mr. Justice Alok Kumar Verma |
| Court | High Court of Uttarakhand |
| Bench | Single Judge Bench |
| Precedent Value | Persuasive |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Law |
| Questions of Law | Whether the High Court can convert interim bail into absolute anticipatory bail under Article 21 without commenting on merits |
| Ratio Decidendi | Personal liberty under Article 21 is a precious fundamental right and can be curtailed only when imperatively required. The High Court has inherent power to grant anticipatory bail without delving into the merits, and may make interim bail orders absolute by imposing appropriate conditions. |
| Facts as Summarised by the Court | FIR dated 26-02-2025 at PS Rudrapur (Udham Singh Nagar) under Sections 109, 191(1), 191(2), 324(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 alleges that on 25-02-2025 the applicant and co-accused attacked the informant’s son with sticks and broke his motorcycle. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts in India |
What’s New / What Lawyers Should Note
- The High Court reaffirmed that personal liberty under Article 21 is so precious that bail may be granted without detailed merit adjudication.
- Interim bail orders can be made absolute as anticipatory bail by the High Court under its inherent powers.
- Conditions may include cooperation with investigation, regular attendance at trial, no inducement or threat to witnesses, and permission for travel abroad.
Summary of Legal Reasoning
- Article 21 guarantees personal liberty which must be curtailed only when absolutely necessary.
- The Court need not enter into merits of the allegations when deciding anticipatory bail applications.
- Having granted interim bail on 24-03-2025 and noting no violation of its conditions, the Court converted it into final anticipatory bail.
- The High Court exercised its inherent power to impose conditions:
- Cooperation with investigation and availability for interrogation
- Regular attendance at trial and avoidance of unnecessary adjournments
- No inducement, threat, or promise to witnesses
- Prior permission required for travel abroad
Arguments by the Parties
Petitioner (Applicant Rishi Bajaj):
- Falsely implicated; was not present at the scene.
- No criminal antecedents; permanent resident of Udham Singh Nagar; no risk of absconding.
- Interim bail granted on 24-03-2025; all conditions complied with.
Respondent (State of Uttarakhand):
- Opposed the anticipatory bail application (no detailed submissions recorded).
Factual Background
Rishi Bajaj seeks anticipatory bail in Crime No. 97 of 2025 registered at Rudrapur Police Station under Sections 109, 191(1), 191(2), 324(2), 351(2) and 352 BNS 2023. The FIR dated 26-02-2025 alleges that on 25-02-2025 the applicant and others assaulted the informant’s son near a dhaba with hockey sticks, breaking his motorcycle. Interim bail was granted on 24-03-2025, and no violation of its conditions was reported.
Statutory Analysis
- Bharatiya Nyaya Sanhita, 2023: Sections 109, 191(1), 191(2), 324(2), 351(2), 352 invoked.
- Constitution of India, Article 21: Personal liberty as a fundamental right guiding the grant of anticipatory bail.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:UHC:7263 (High Court of Uttarakhand)
- CNR UKHC010033292025