Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2125 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
24TH MARCH, 2025
ANTICIPATORY BAIL APPLICATION NO.276 OF 2025
Munawwar Ali
..... Applicant
Versus
State of Uttarakhand and Others ..…Respondents
Counsel for the Applicant : Ms. Medha Pande,
Advocate.
Counsel for the Respondents : Mr. Pradeep Lohani,
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-Munawwar Ali seeking anticipatory bail under Section 26(1) (f) (g),41,42 and Section 52 of the Indian Forest Act, 1927 in Complaint No.56/30 of 2025, registered at Circle Western, Division Terai Central Forest Division, Rudrapur.
2.
On 27.02.2025, 340 pieces of illegal wood were recovered from the possession of Javed and Danish. They told at the time of their arrest that the said wood belong to Munawwar Ali (present applicant).
3.
Heard Ms. Medha Pande, learned counsel for 1
2025:UHC:2125 applicant and Mr. Pradeep Lohani, learned Brief Holder for respondents.
4.
Ms. Medha Pande, Advocate, submitted that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. Applicant does not have any criminal antecedents. He was granted interim bail by this Court on 17.03.2025, and, he has not violated the conditions of the interim bail.
5.
Mr. Pradeep Lohani, learned Brief Holder, 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and
order dated 17.03.2025, granting interim bail to the applicant, is 2
2025:UHC:2125 made absolute. It is directed that in the event of arrest of the applicant, namely, Munawwar Ali, 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
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:24.03.2025 Neha
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