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2025 DAILYLAW 6059 (UTT)

MUNISH ALI v. STATE OF UTTARAKHAND

ABA/452/2025 · 2025-05-07

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3555 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07TH MAY, 2025 ANTICIPATORY BAIL APPLICATION NO. 452 of 2025 Munish Ali and Others …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Smt. Neetu Singh, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, A.G.A. assisted by Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 107 of 2016, registered at Kotwali Ranipur, District Haridwar under Sections 420, 354 and Section 506 of the Indian Penal Code, 1860. 2. As per the First Information Report dated 19.05.2016, the applicants physically and mentally harassed the informant from the year, 2014 to 2015 and they provided a fake appointment letter to the informant’s sister. 3. Heard Smt. Neetu Singh, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the respondent. 1 2025:UHC:3555 4. Smt. Neetu Singh, Advocate, contended that a closure report was filed in the said Case Crime No. 107 of 2016. A Protest Petition was filed. On 08.03.2022, the concerned Magistrate rejected the closure report. 5. Smt. Neetu Singh, Advocate, further submitted that earlier a compromise had taken place between the parties and the informant had received Rs.4,00,000/- as per the compromise. Applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. 6. Mr. Pratiroop Pandey, A.G.A., on instructions, 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 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 applicants Munish Ali, 2 2025:UHC:3555 Sanjay Kumar and Amit Kumar, 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. 9. It is clarified that if the applicants misuse or violate 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: 07.05.2025 Shiv/ 3