Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2025 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
21ST MARCH, 2025
ANTICIPATORY BAIL APPLICATION NO.254 of 2025
Amit Kumar alias Romi and Others ..…Applicants
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicants : Mr. Bilal Ahmed,
Advocate through video
conferencing. Counsel for the State : 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 applicants seeking anticipatory bail under Section 115(2) read with Section 190, Section 191(3), Section 332(c), Section 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.70 of 2025, registered at Police Station Jhabrera, District Haridwar. 2. As per the FIR dated 02.03.2025, on 27.02.2025, the applicants entered the house of the informant and beat him and his mother and threatened 1
2025:UHC:2025 to kill them. 3. Heard Mr. Bilal Ahmed, learned counsel (through video conferencing) for applicants and Mr. Deepak Bhardwaj, learned Brief Holder for State. 4. Mr. Bilal Ahmed, Advocate, contended that the applicants have been falsely implicated in the present matter. The FIR is delayed. Applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no likelihood of their absconding. 5. Mr. Deepak Bhardwaj, learned Brief Holder appearing for the State, 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 2
2025:UHC:2025 in the event of arrest of the applicants, namely, Amit Kumar alias Romi, Monu, Deepak alias Bittu, Aanand alias Tinu and Govind, they shall be released on anticipatory bail on executing a personal bond of Rs.
30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-
(i) Applicants shall cooperate with the
Investigating Agency and they shall make
themselves available for interrogation by a police
officer as and when required;
(ii) If the charge-sheet is filed, the applicants
shall attend the trial court regularly and they shall
not seek any unnecessary adjournment;
(iii) Applicants shall not directly or indirectly make
any inducement, threat or promise to any person,
acquainted with the facts of this case; (iv) Applicants shall not leave the country without the previous permission of the trial court. 8. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J.
Dt:21.03.2025 Neha
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