Rahul And Others 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 Section 3 read with Section 25 and Section 27 of the Arms Act, 1959 in connection with the Case Crime No. 172 of 2022, registered at Police Station Kotwali Dehradun, District Dehradun.

Sub-Inspector-Mithun Kumar received an information on 18.03.2022 that some persons were firing from pistols while celebrating birthday. Police party reached the spot. Co-accused Sawan and Aakash Sonkar were arrested by the police. It was told by the arrested co-accused persons that they along with Rahul, Sunil Sahni and Shubham, the present applicants, had gathered at kumhar chowk to celebrate birthday. They opened fire with pistols. Seeing the police, Rahul, Sunil Sahni and Shubham, the present applicants, ran away from the spot with the pistols.

Heard Mr. Dheeraj Joshi, learned counsel holding brief of Mr. Abhishek Verma, learned counsel for the applicants and Mr. Akshay Latwal, learned Brief Holder the State.

Mr. Dheeraj Joshi, Advocate, contended that the applicants were not present on the spot. They have been implicated by the co-accused persons. Applicants do not have any criminal antecedents. They are permanent resident of District Dehradun, therefore, there is no likelihood of their absconding.

Learned counsel for the State has opposed the Anticipatory Bail Application. However, he conceded that there is nothing on record to show that the applicants had earlier been involved in any unacceptable activities.

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.

In the facts and circumstances of the case, applicants- Rahul, Sunil Sahni and Shubham are directed to be released on Anticipatory Bail, in the event of their arrest, on furnishing their personal bonds of Rs. 30,000/-each and two reliable sureties, each in the like amount on the following conditions:-

i) Applicants shall cooperate with the Investigating Agency and they shall make themself available at the time of interrogation by the Investigating Agency as and when required;

ii) In case, charge sheet is filed, applicants shall attend the Trial court regularly and they shall not seek any unnecessary adjournment;

iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

iv) Applicants shall not leave the country without the previous permission of the Trial Court.

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No. 60 of 2022) stands disposed of accordingly.