Court emphasizes the importance of personal liberty under Article 21 and clarifies the conditions under which breach of promise to marry constitutes an offence.
In a significant ruling, the Uttarakhand High Court has granted anticipatory bail to Sumit Kumar, accused of establishing a physical relationship under the pretext of marriage, only to later refuse marriage. The decision, delivered by Justice Alok Kumar Verma, underscores the sanctity of personal liberty as enshrined under Article 21 of the Indian Constitution, asserting that it should only be curtailed when absolutely necessary.
The case, registered as Crime No. 184 of 2025 at the Jaspur Police Station in District Udham Singh Nagar, involved allegations by a 27-year-old woman who claimed that Kumar had misled her with the promise of marriage. However, the court observed that not every consensual relationship could be painted with the brush of false pretext to marry. A breach of promise to marry constitutes an offence only if it can be established that the accused never intended to marry from the outset, a matter which can only be conclusively determined during trial.
Representing Sumit Kumar, Advocate Ms. Aishwarya Thapliyal argued that the relationship was consensual and that Kumar, a resident of Udham Singh Nagar with no criminal history, did not pose a flight risk. The court also noted that Kumar had adhered to the conditions of the interim bail granted on May 21, 2025.
The court's order, while granting anticipatory bail, stipulated that Kumar must cooperate with the investigation and refrain from influencing witnesses. He is also required to attend court proceedings regularly and is prohibited from leaving the country without permission. The court further clarified that any violation of these conditions could lead to the cancellation of his bail.
This ruling highlights the court's delicate balancing act between upholding personal liberties and ensuring justice in cases of alleged deceit in personal relationships.
Bottom Line:
Anticipatory Bail - Personal liberty under Article 21 of the Constitution of India is precious and should be curtailed only when absolutely necessary as per the peculiar facts and circumstances of the case.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 69 and 351(2), Constitution of India, 1950 Article 21
Sumit Kumar v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2831998
