Saddam Hussain 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 in connection with the F.I.R. No. 209 of 2023, registered at police station Doiwala, District Dehradun.

As per the FIR, on the intervening night of 26/27 June, 2023, the ATM machine of SBI was cut with a gas cutter and the cash was stolen. F.I.R. was registered against unknown person on 27.06.2023 at 14.52 hrs.

Heard Mr. Raj Kumar Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Raj Kumar Singh, Advocate, contended that applicant has been implicated in the present matter. He was not present at the spot. Nothing was recovered from his possession. He is a permanent resident of District Mewar, Haryana, therefore, there is no likelihood of his absconding. He is not previous convict, and, a co-accused has been granted bail by Sessions Judge, Dehradun.

Mrs. Manisha Rana Singh, learned counsel for the State, submits that instructions have been received and as per instructions, two co-accused persons were arrested on a secret information. They disclosed the name of the present applicant in their confessional statements. Present applicant is wanted under Sections 380, 457, 411, 427, 420, 473 and Section 34 of the Indian Penal Code, 1860.

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, applicant Saddam Hussain 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 required;

(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. 702 of 2023) stands disposed of accordingly.