High CourtsSingle Bench(2024) 09 UK CK 0026

Musarrat Ali & Two Others vs State Of Uttarakhand

Uttarakhand High Court · Decided on 3 September 2024

HON’BLE JUDGES
Vivek Bharti Sharma, J
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 828 Of 2024

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Judgment

5 paragraphs · 252 words

Vivek Bharti Sharma, J

1.

By way of present anticipatory bail application, applicants/accused are seeking anticipatory bail in FIR/Case Crime No.708 of 2023 under Sections 147, 148, 149, 323, 504, 506, 308 of IPC registered with P.S. Laksar, District Haridwar.

2.

Learned counsel for the applicants/accused would submit that there is no specific role assigned to the applicants/accused in the FIR and even during investigation no role has been assigned to them; that, during the course of investigation applicants/accused were given notices u/s 41-A of Cr.P.C. and they all cooperated in the investigation; that, now charge-sheet has been filed and there is no chance of absconding of the applicants/accused or tampering with the evidence.

3.

Learned State Counsel is at loss that what exactly is the role of the applicants/accused in commission of the offence, however, learned State Counsel and the learned counsel for the complainant both would fairly admit that no specific role has been assigned to the applicants/accused except that they were wielding sticks and iron rods, however, in the FIR no injury is shown to have been inflicted by the applicants/accused by these weapons.

4.

Having considered the submissions of learned counsel for the parties, anticipatory bail application is allowed. In the event of arrest, applicants/accused shall be released on furnishing bail bond with two sureties in the amount of ` 50,000/-, by each one of them, and personal bond of the like amount to the satisfaction of the Magistrate or the court concerned, as the case may be.