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2025 DAILYLAW 1119 (UTT)

MAHENDRA SINGH v. STATE OF UTTARAKHAND

ABA/45/2025 · 2025-02-11

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 43 of 2025 Jagroop Singh ...Applicant Versus State of Uttarakhand ….Respondent Present:- Mr. Harshpal Sekhon, Advocate for the applicant. Mr. Pramod Tiwari, Brief Holder for the State. Anticipatory Bail Application No. 45 of 2025 Mahendra Singh and Others ...Applicants Versus State of Uttarakhand ….Respondent Present:- Mr. Harshpal Sekhon, Advocate for the applicants. Mr. Pramod Tiwari, Brief Holder for the State. Mr. Abhishek Verma, Advocate for the informant. Hon’ble Ravindra Maithani, J. (Oral) Since both these anticipatory bail applications arise from the same FIR, they are heard together and are being decided by this common order. 2. Applicants-Jagroop Singh, Mahendra Singh, Simran Jeet, Gurdeep Singh Goldi, Taranjeet Singh, Gurpreet Singh and Manmeet Singh @ Sumit Singh seek anticipatory bail in FIR No.12 of 2025, under Sections 109, 117, 191(2), 191(3), 351(2), and 352 of the Bhartiya Nyaya Sanhita, 2023 (“the BNS, 2023”), Police Station Jaspur, District Udham Singh Nagar. 2 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, on 09.12.2024, at 4:30 in the evening, the applicants, armed with sharp aged weapons, pistols, etc., abused and attacked the father and the uncle of the informant, due to which they sustained injuries. 5. Learned counsel for the applicants would submit that this is an afterthought FIR; the applicants have already lodged an FIR of the incident, in which they sustained injuries; there was no injury in the instant case; now, the offence under Section 109 of the BNS, 2023, has been removed during investigation. 6. Learned State Counsel would submit that the investigation is underway, but the offence under Section 109 of the BNS, 2023, has been removed. 7. Learned counsel for the informant would submit that the applicants have long criminal history; still, the applicants are uploading absurd material on their social media platform. 8. Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail applications deserve to be allowed. 9. The anticipatory bail applications are allowed. 3 10. In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall co-operate with the investigation. (ii) The applicants shall not approach any witness in any manner, whatsoever. (iii) The applicants shall not leave the country without prior permission of the court concerned. (iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO. (v) The applicants, personally or through any of their relatives, friends, etc., shall not post anything on social media with regard to the informant, his family members, etc. (vi) The applicants shall also give an undertaking on (i), (ii), (iii) and (v) above. (Ravindra Maithani, J.) 11.02.2025 Ravi Bisht