Naushad vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Naushad seeking anticipatory bail in Case Crime No.177 of 2014 (Criminal Case No.4501 of 2014), registered at Kotwali Manglaur, District Haridwar under Sections 147, 148, 149, 364, 452, 323, 504, 506 and Section 342 of the Indian Penal Code, 1860.

According to the First Information Report dated 14.06.2024, the applicant and seven co-accused entered the informant’s house with deadly weapons on 13.06.2014 and beat her, her father-in-law and her daughter. They forcefully took the brother of her father-in-law with them.

Heard Mr. Mohd. Safdar, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.

Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated in the present matter. The said allegations are totally false. Applicant was not arrested during the course of the investigation. He was granted interim relief in the writ petition, filed by him under Article 226 of the Constitution of India to quash the First Information Report. He was also granted interim relief in the matter, filed by him under Section 482 of the Code of Criminal Procedure, 1973. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, two co-accused have already been granted regular bail.

Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application orally.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Naushad, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.