Nitin Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 379, 504, 506 of the Indian Penal Code, 1860 in connection with the Case Crime No.572 of 2017 (Criminal Case No.429 of 2018), registered at police station Manglaur, District Haridwar.

As per the case of the prosecution, 13 trees were stolen by the present applicant-accused by cutting the said trees from the informant’s plot no.360. The said information was given to the informant by Smt. Bala, aunt (Mami) and when the informant inquired from the applicant, he abused him and threatened to kill him. Charge-sheet was filed after completion of the investigation.

Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

Mr. Abhishek Verma, Advocate contended that the said allegations are false. Smt. Bala is not a witness for the prosecution. Further proceedings of Criminal Case No.429 of 2018 were stayed in C482 No.596 of 2019 till 22.08.2023. Applicant has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. Charge-sheet has been filed, therefore, there is no chance of tampering with the evidence. Applicant undertakes to cooperate with the trial court and he will not misuse the liberty.

Mr. M.K. Chand, A.G.A. for the State has opposed the Anticipatory Bail Application. However, he submits that Smt. Bala is not a witness for the prosecution, and, applicant has no criminal history.

In the facts and circumstances of the case, applicant-Nitin Kumar is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on 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 previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.867 of 2023) stands disposed of accordingly.