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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 863 of 2024 Amit Srivastava and Another
...Applicants
Versus
State of Uttarakhand
….Respondent
Present:- Mr. Harsh Taneja and Mr. M.K. Ray, Advocates for the applicants. Ms. Manisha Rana Singh, D.A.G. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicants Amit Srivastava and Rishabh seek anticipatory bail in Case Crime No. 262 of 2024, under Sections 279, 304, 323, 504, 506 read with Section 34 IPC, Police Station Raniur, District Haridwar.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, after an accident, in a fight, injured Nitish Jha was assaulted, due to which he sustained serious injuries. Subsequently, he died.
4.
It is argued by learned counsel for the applicants that the applicants are not named in the FIR; no role has been assigned to the applicants; the main accused, Anuj Chaudhary, has already been granted bail.
5.
Learned State Counsel admits these facts.
6.
Having considered, this Court is of the view that this is a case, in which the applicants should be granted
2 anticipatory bail. The instant anticipatory bail application deserves to be allowed.
7.
The anticipatory bail application is allowed.
8.
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 passport 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 shall also give an undertaking on (i), (ii) & (iii) above.
(Ravindra Maithani, J.)
08.01.2025 Ravi Bisht RAVI BISHT Digitally signed by RAVI BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ded921477e34a304cbcb0b52d4a59f37e6d201 8d38d0b669a5c068799391e6bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485ED764961E4 E52FD29C6F03C20917020ED093405536, cn=RAVI BISHT Date: 2025.01.08 04:15:02 +05'30'