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2025 DAILYLAW 4599 (UTT)

YAMEEN ALIAS NINNA AND ORTHERS v. STATE OF UTTARAKHAND

ABA/326/2025 · 2025-07-02

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:5629 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02nd JULY, 2025 ANTICIPATORY BAIL APPLICATION NO.326 of 2025 Yameen alias Ninna and Others ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Pankaj Kumar Sharma, Advocate. Counsel for the State : Mr. Pradeep Lohani, Brief Holder. Counsel for the Informant : Mr. Devendra Singh Bansal, Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants seeking anticipatory bail under Sections 115(2), 190, 191(2), 191(3), 333, 351(2), 352 and Section 74 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 82 of 2025, registered at Kotwali Roorkee, District Haridwar. 2. As per the First Information Report dated 07.03.2025, the applicants and other co-accused came to the house of the informant at about 10:00 p.m. on 1 2025:UHC:5629 04.03.2025 with stick and iron rod and assaulted him, his father, his niece and sister-in-law (Bhabhi). They molested his sister-in-law (Bhabhi). 3. Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicants, Mr. Pradeep Lohani, learned Brief Holder for State and Mr. Devendra Singh Bansal, learned counsel for informant. 4. Mr. Pankaj Kumar Sharma, Advocate, contended that in the incident, the applicants sustained injuries and their medical examinations were conducted in Shri J.N.S.M. Govt. Sub District Hospital Roorkee, District Haridwar. 5. Mr. Pankaj Kumar Sharma, Advocate, further submitted that the applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. They were granted interim bail on 07.04.2025 and the conditions of interim bail have not been violated by them. 6. Mr. Pradeep Lohani, Brief Holder and Mr. Devendra Singh Bansal, Advocate, on instructions, have opposed the anticipatory bail application. 7. Having heard the submissions of learned 2 2025:UHC:5629 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 07.04.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Yameen alias Ninna, Gulbahar, Sonu alias Vakeel, Savez, Monu and Najim, 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 applicant misuses 3 2025:UHC:5629 or violates 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:02.07.2025 Neha 4 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: 2025.07.02 17:59:24 +05'30'