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2025 DAILYLAW 14033 (UTT)

JASVEER SINGH ALIAS JASSI KACHURA v. STATE OF UTTARAKHAND

ABA/1111/2025 · 2025-11-26

Ashish Naithani

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:10533 ABA No.1111 of 2025 Hon’ble Ashish Naithani, J. Mr. S.K. Mandal, learned counsel for the Applicant. 2. Mr. Vijay Khanduri, learned Brief Holder, for the State of Uttarakhand. 3. Applicant Jasveer Singh @ Jassi Kachura, seeks anticipatory bail in FIR No.478 of 2025, under Sections 109, 125, 190, 191 (2), 191 (3), 351 (2) and 352 of BNS, 2023, at Police Station Rudrapur, District Udham Singh Nagar. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the Applicant submits that the incident took place on 24.09.2025 at about 13.15 O’ clock and the FIR has been lodged on the same day about 19:55 O’clock, the distance between the place of occurrence and Police Station is only 1 km, the prosecution has not explained the delay to lodge the FIR. He further submits that, according to the prosecution, there is open fire has been made, there is no injury sustained by any person. No purpose would be served if the Applicant is arrested now. 6. Learned State Counsel admits that it is no injury case, but according to him, non bailable warrants had already been issued against the Applicant and the proceedings under Section 82 of CrPC were also initiated against the Applicant. 7. Law is well settled that issuance of non bailable warrants per se is not a bar to entertain anticipatory bail application in view of the principles of law, as laid down in the case of Asha Dubey Vs. State of Madhya Pradesh, Criminal Appeal No.4564 of 2024 (SLP (Crl) No.13123 of 2024) dated 12.11.2024. 8. Having considered the entirety of the facts, this Court is of the view that this is a case fit for anticipatory bail. 9. The anticipatory bail application is allowed. 10. In that eventuality of arrest, the Applicant shall be enlarged on anticipatory 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). The Applicant shall not approach any witness in any manner, whatsoever. (iii). The Applicant 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 given an undertaking to that effect to the AO. (v). The Applicant shall also give an undertaking on (i), (ii) & (iii) above. (Ashish Naithani, J.) 26.11.2025 Nitesh/