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2025 DAILYLAW 11238 (UTT)

MONU ALIAS SANVVAR v. STATE OF UTTARAKHAND

ABA/1049/2025 · 2025-09-15

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8185 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 15th SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1049 of 2025 Monu alias Sanvvar …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Raj Kumar Singh, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application for anticipatory bail has been filed in the First Information Report No 117 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Sections 303(2), 317(2), 61(2), 338, 336(2) and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the respondent, a bullet motorcycle (Registration No.UK17U1674) of the informant was stolen on 14.03.2025. The First Information Report has been lodged on 06.04.2025 against unknown person. The said stolen motorcycle was recovered from the co-accused Sahib. He was arrested. 3. Heard Mr. Raj Kumar Singh, learned counsel 1 2025:UHC:8185 for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Raj Kumar Singh, Advocate, contended that the applicant is an innocent person. The name of the applicant has come to light in the statement of the co-accused Sahib. Sahib was granted regular bail by learned Ist Additional Sessions Judge, Roorkee, District Haridwar. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is not a convicted person. 5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally. 6. 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. 7. 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 Monu alias Sanvvar, he shall be released on anticipatory bail on 2 2025:UHC:8185 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. 8. 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: 15.09.2025 Pant/ 3