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2023 DAILYLAW 813 (UTT)

RASHID v. STATE OF UTTARAKHAND

ABA/525/2023 · 2026-07-27

Alok Mahra

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010106382023 ABA/525/2023 Rashid --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. None is present for the applicant. 2. Mr. Dinesh Chauhan, A.G.A. for the State. 3. The present applicants are praying for anticipatory bail in connection with FIR/Case Crime No. 156 of 2023, under Sections 307, 323, 452 and 506 of IPC, registered at Police Station–Pathri, District–Haridwar. 4. Learned State Counsel, on instructions, submits that this anticipatory bail application has been filed in the year 2023 and now the investigation has been concluded and the chargesheet has been submitted without arresting the applicant; that the applicant was not arrested during the investigation and have cooperated throughout. 5. Heard learned counsel for the State and perused the record. 6. Considering the instructions furnished by the learned State Counsel that the applicant was never arrested during the course of investigation and the applicant duly cooperated with the Investigating Officer throughout the investigation, and that the Investigating Officer has already submitted the police report/charge-sheet without effecting the arrest of the applicant, this Court is of the opinion that no custodial interrogation of the applicant is now required. 7. In view of the aforesaid facts and circumstances, and without expressing any opinion on the merits of the case, the present anticipatory bail application deserves to be allowed and is accordingly allowed. 8. It is directed that in the event of the arrest of the applicant, or in the event the learned trial court considers it necessary to take the applicant into custody upon appearance in connection with the aforesaid case, the applicant shall be released on anticipatory bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant shall appear before the trial court on each and every date fixed unless exempted. (ii) The applicant shall not directly or indirectly induce, threaten or promise any person acquainted with the facts of the case. (iii) The applicant shall not tamper with the prosecution evidence. (iv) The applicant shall not leave India without prior permission of the trial court. (v) The applicant shall cooperate with the trial and shall not seek unnecessary adjournments. 9. It is made clear that any violation of the above conditions shall entitle the prosecution to seek cancellation of anticipatory bail in accordance with law. (Alok Mahra J.) 27.07.2026 Ujjwal