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2025 DAILYLAW 4770 (UTT)

LUCKY @ TITU v. STATE OF UTTARAKHAND

ABA/337/2025 · 2025-04-22

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:2867 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22nd APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO.337 OF 2025 Lucky alias Titu ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Rajveer Singh, Advocate through video conferencing. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant - Lucky alias Titu seeking anticipatory bail under Sections 115(2), 191(1), 191(2), 332(c), 351(2), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.665 of 2024, registered at Police Station Pathri, District Haridwar. 2. As per the FIR dated 25.11.2024, the applicant and other 8-10 persons entered the informant’s house on 24.11.2024 at around 05:00 p.m., assaulted him and humiliated women. 3. Heard Mr. Rajveer Singh, learned counsel for the applicant through video conferencing and Mr. Pradeep Lohani, learned Brief Holder for the State. 1 2025:UHC:2867 4. Learned counsel for the State submitted on instruction that the injuries are simple in nature. He has opposed the anticipatory bail application orally. 5. Mr. Rajveer Singh, Advocate, submitted that the applicant has been falsely implicated in the present matter. He is not a previous convict. He is a permanent resident of District Haridwar. 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant, named Lucky alias Titu, 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 2 2025:UHC:2867 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. Date:22.04.2025 Pant/ 3