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2025 DAILYLAW 12699 (UTT)

HARI NATH ALIAS HANNA v. STATE OF UTTARAKHAND

ABA/1092/2024 · 2025-01-09

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No.1092 of 2024 Hari Nath @ Hanna ….....Applicant Versus State of Uttarakhand and another ….….Respondents Present:- Mr. R.P. Singh, Advocate for the applicant. Mr. S.C. Dumka, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant seeks anticipatory bail in FIR No.0686 of 2024, under Sections 109, 115(2), 118(1), 118(2), 191(3), 3(5), 333, 351(2) and 352 of Bhartiya Nyaya Sanhita, 2023, Police Station Patel Nagar, District Dehradun. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant would submit that the co-accused Harish Kumar having similar role has already been granted anticipatory bail. Applicant did not attack the injured. 4. Learned State Counsel admits that the role of the applicant is similar to that of co-accused Harish Kumar. The applicant is not the person who may attack. 5. Having considered the entirety of facts, this Court is of the view that it is a fit case for anticipatory 2 bail. The instant anticipatory bail application deserves to be allowed. 6. The anticipatory bail application is allowed. 7. In the eventuality of arrest, the applicant shall be enlarged on bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions: (i) The applicant shall co-operate with the investigation. (ii) He shall not approach any witness in any manner, whatsoever. (iii) He shall not leave the country without prior permission of the concerned court. (iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the applicant does not have passport, he shall give an undertaking to that effect to the AO. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J) 09.01.2025 Ravi