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2025 DAILYLAW 4500 (UTT)

SUDESH v. STATE OF UTTARAKHAND

SABA/12/2025 · 2025-08-18

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7241 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 18th AUGUST, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO.12 of 2025 Smt. Sudesh and two Others .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Pankaj Kumar Sharma, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicants-Smt. Sudesh, Sanjeev Kumar and Smt. Neelam seeking anticipatory bail in Case Crime No.12 of 2025, registered at Police Station Khanpur, District Haridwar under Sections 109, 115(2), 118(1), 190, 191(2), 191(3), 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 2. The First Anticipatory Bail Application (ABA No.134 of 2025) was dismissed on 11.03.2025 as withdrawn by granting liberty to the applicants to file a fresh anticipatory bail application. 3. Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 1 2025:UHC:7241 4. Mr. Pankaj Kumar Sharma, Advocate submitted that the applicant no.1-Smt. Sudesh & applicant no.2-Sanjeev Kumar were not present on the spot and applicant no.3 Smt. Neelam has been falsely implicated in the present matter. Three co-accused have been granted anticipatory bail by this Court in Anticipatory Bail Application No.09 of 2025. 5. Mr. Pradeep Lohani, learned Brief Holder, submitted on instruction that the applicant no.1-Smt. Sudesh and the applicant no.2-Sanjeev Kumar have been exonerated by the Investigating Officer. 6. Mr. Pankaj Kumar Sharma, Advocate, further submitted that the applicant-Smt. Neelam is a permanent resident of District Haridwar, therefore, there is no chance of her absconding. She was granted interim bail on 27.03.2025, and, the conditions of the interim bail have not been violated by her. 7. Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application. 8. 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 27.03.2025, granting interim bail to the applicant, is 2 2025:UHC:7241 made absolute. It is directed that in the event of arrest of the applicant Neelam, she 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 she shall make herself 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 she 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. 9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:18.08.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d 0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960B FE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.18 18:36:20 +05'30'