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Judgment
Alok Kumar Verma, J
Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in connection with the First Information Report No.335 of 2023, registered at police station Khatima, District Udham Singh Nagar under Section 394 of the Indian Penal Code, 1860.
As per allegations of the First Information Report dated 04.08.2023, on 03.08.2023 at 23:00 hrs., applicant assaulted the informant and looted his chain and Rs.2,500/-
Heard Mr. R.C. Tamta, learned counsel for the applicant and Mr. Pankaj Joshi, learned Brief Holder for the State.
Learned counsel for the State submits that instructions have been received and as per instructions, investigation is still pending. No evidence has been found regarding the robbery so far.
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 this case and having regard to the submissions of learned counsel for both the parties, it is directed that in the event of arrest, the applicant Rohit Bohra will be released on Anticipatory Bail on furnishing a personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/ Arresting Officer with the following conditions:-
(i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(ii) Applicant shall cooperate with the Investigating Agency and he will make himself available at the time of interrogation by the Investigating Agency as and when requires;
(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.666 of 2023) stands disposed of accordingly.