Anil Kumar Saxena Alias Annu vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Anil Kumar Saxena Alias Annu is seeking anticipatory bail in F.I.R. No. 189 of 2023, under Sections 323, 354, 504 & 506 of IPC Police Station Khatima, District Udham Singh Nagar.

Heard learned counsel for the parties and perused the record available on file.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case; that, the co-accused has already been granted bail by the trial court; that, there is no independent witness of the alleged incident; that, there is family dispute between the parties and there is possibilities of amicable settlement between the parties; that, there is no apprehension of tampering with the evidence by the applicant and that the applicant is ready to furnish reasonable sureties.

Per contra, learned counsel for the State vehemently opposed the application for anticipatory bail and would submit that the charge-sheet has not been filed so far and the investigation is underway, however, he would admit at Bar that there is family dispute between the parties and co-accused has been granted bail by the trial court.

Having considered the entirety of facts, 2nd anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on furnishing bail bond with two sureties in the sum of Rs. 30,000/- and personal bond in the like amount to the satisfaction of the Investigating Officer.