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2025 DAILYLAW 12873 (UTT)

BASANT KUMAR v. STATE OF UTTARAKHAND

ABA/1136/2024 · 2025-01-07

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No.1136 of 2024 Basant Kumar and another ...Applicants Versus State of Uttarakhand and another ...Respondents Present:- Mr. B.S. Adhikari, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicants Basant Kumar and Smt. Kamlesh seek anticipatory bail in FIR No. 817 of 2023, under Sections 323, 354, 498A/504 IPC read with Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Kotwali Haridwar, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant would submit that it is a matrimonial discord. The other family members have already been granted regular anticipatory bail. 4. Learned State counsel would submit that the victim has supported the prosecution case during investigation. 2 6. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their 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 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 concerned court. (iv) The applicants shall deposit their passport 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.) 07.01.2025 Jitendra