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2025 DAILYLAW 3328 (UTT)

BHAGWAN NARAIN CHOUDHARY v. STATE OF UTTARAKHAND

ABA/225/2025 · 2025-05-07

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3575 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07TH MAY, 2025 ANTICIPATORY BAIL APPLICATION NO.225 of 2025 Bhagwan Narain Choudhary ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sagar Kothari, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant seeking anticipatory bail in Case Crime No.39 of 2025, registered at Police Station Jhabrera, District Haridwar. 2. According to the Investigating Officer, the investigation is pending against the present applicant under Sections 115(2), 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 3. Counter affidavit is taken on record. 4. Heard Mr. Sagar Kothari, learned counsel for 1 2025:UHC:3575 applicant and Mr. G.S. Sandhu, learned Additional Advocate General for State. 5. As per the counter affidavit, no active role of the present applicant has come to light till date. 6. Mr. Sagar Kothari, Advocate, submitted that the applicant, aged about 66 years has been falsely implicated in the present matter. He is a permanent resident of District Bareilly (Uttar Pradesh). He was granted interim bail on 10.03.2025 and the conditions of interim bail have not been violated by him. 7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 10.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Bhagwan Narain Choudhary, 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 satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicant shall cooperate with the Investigating Agency and he shall make 2 2025:UHC:3575 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:07.05.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.05.07 16:14:09 +05'30'