Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 3283 (UTT)

MINTU ALIAS PATMAL v. STATE OF UTTARAKHAND

ABA/224/2025 · 2025-03-04

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:833 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 4TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.224 of 2025 Mintu alias Patmal ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the State : Mr. G.S. Sandhu, Addl. Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant seeking anticipatory bail under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 in case Crime No. 466 of 2024, registered at Police Station Jhabrera, District Haridwar. 2. As per the FIR dated 17.11.2024, a trolley of the informant was stolen on 13.11.2024 by unknown person. 3. Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. G.S. Sandhu, learned Addl. Advocate 2025:UHC:833 2 General for the State. 4. Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. The said trolley was recovered from the possession of one Jonny. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. 5. Mr. G.S. Sandhu, Addl. Advocate General, 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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant Mintu alias Patmal, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the 2025:UHC:833 3 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 made clear 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:04.03.2025 Shiv