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2025 DAILYLAW 4731 (UTT)

SUSHIL v. STATE OF UTTARAKHAND

ABA/330/2025 · 2025-04-29

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3225 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 330 of 2025 Sushil …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Rajveer Singh, Advocate (Through video conferencing). Counsel for the State : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant seeking anticipatory bail in the First Information Report bearing registration no. 245 of 2024 (Criminal Case No.2125 of 2024), registered at Police Station Manglaur, District Haridwar. 2. Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State. 3. Learned counsel for the State submitted that the charge-sheet has been filed by the investigating officer against the applicant for the offence under Sections 147, 148, 149, 308, 323, 504 and Section 506 of the Indian Penal Code, 1860. 1 2025:UHC:3225 4. According to the First Information Report dated 03.04.2024, the applicant and other named co- accused assaulted the informant and his cousin on 02.04.2024 with sticks and iron rods, in which they received injuries. 5. Mr. Rajveer Singh, Advocate, contended that the applicant has been falsely implicated in this matter. Applicant does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. Co-accused Mohit, Dikshant alias Shubham and Ritik have already been granted anticipatory bail by this Court, and, charge-sheet has been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Pradeep Lohani, Brief Holder for the State, has opposed the anticipatory bail application orally. 7. 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. 8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 2 2025:UHC:3225 and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant, named Sushil, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iii) Applicant shall not leave the country without the previous permission of the trial court. 9. It is clarified 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: 29.04.2025 Pant/ 3