Udaiveer vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 146 of 2015, registered at Police Station Bhagwanpur, District Haridwar under Section 394 and Section 411 of the Indian Penal Code, 1860.

As per the First Information Report dated 15.06.2015, the applicant and three others beat the informant with sticks at around 06:00 p.m. on 12. 06.2015, snatched Rs.24,000/- and took his cow with them.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. Mohd. Safdar, Advocate, submitted that the allegations of the FIR are baseless. Applicant was not involved in the said crime. He has no criminal antecedents. He was granted interim relief in the Application, filed by him under Section 482 of the Code of Criminal Procedure, 1973. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding.

Mr. Tumul Nainwal, Assistant Government Advocate, 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Udaiveer, 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 clarified 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.