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2025 DAILYLAW 10845 (UTT)

ASHU v. STATE OF UTTARAKHAND

SABA/38/2025 · 2025-09-04

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7852 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 04TH SEPTEMBER, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO. 38 of 2025 Ashu …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Deepak Petshali, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed for anticipatory bail in Case Crime No.13 of 2025, registered at Police Station Khanpur, District Haridwar under Sections 115(2), 118(2), 190, 191(2), 191(3), 324(4), 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 2. First Anticipatory Bail Application (ABA No.964 of 2025) was dismissed as withdrawn on 01.09.2025 granting liberty to the applicant to file afresh. 3. According to the First Information Report dated 21.01.2025, the informant and others were assaulted by the named accused persons on 1 2025:UHC:7852 14.01.2025 at around 4-4:30 p.m., in which they received injury. 4. Heard Mr. Deepak Petshali, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent. 5. Mr. Deepak Petshali, Advocate, contended that the applicant has been falsely implicated in the present matter. He is not named in the First Information Report. All the named co-accused have already been granted anticipatory bail by this Court in Anticipatory Bail Application No.357 of 2025. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He has no criminal antecedents. 6. Mr. Deepak Bhardwaj, Brief Holder, has opposed the anticipatory bail application orally. 7. 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. 8. 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, 2 2025:UHC:7852 filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Ashu, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iv) Applicant shall not leave the country without the previous permission of the trial court. 9. 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. ___________________ ALOK KUMAR VERMA, J. Dt: 04.09.2025 Shiv/ 3