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2025 DAILYLAW 6244 (UTT)

MOHD. MUNTAZIR v. STATE OF UTTARAKHAND

ABA/469/2025 · 2025-09-22

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8474 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ND SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 469 OF 2025 Mohd. Muntazir ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Rajat Mittal, Advocate. Counsel for the Respondent: Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant Mohd. Muntazir for anticipatory bail in Case Crime No. 126 of 2025, registered at Police Station Vikasnagar, District Dehradun under Section 316(2), Section 87 of the Bharatiya Nyaya Sanhita, 2023, Section 3 and Section 4 of the Uttarakhand Freedom of Religion Act, 2018. 2. According to the First Information Report dated 17.04.2025, the informant’s wife, namely Smt. Sunita had gone to buy vegetables on 15.04.2025. She did not return to her house. Applicant took her with him. His wife also took Rs.3,49,000/- from his house. 1 2025:UHC:8474 3. Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent. 4. Mr. Rajat Mittal, Advocate, submitted that the applicant has been falsely implicated in the present matter. After her conversion, Smt. Sunita, now called as Smt. Sumaiyaa, got married to the applicant in the year, 2017. She is residing with the applicant. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding. Applicant is not a convicted person. He was granted interim bail on 09.05.2025, and, the conditions of the interim bail have not been not misused by him. 5. Mr. G.S. Sandhu, Additional Advocate General has opposed the anticipatory bail application. However, he submitted on instructions that as per the statement of the victim, recorded by the Investigating Officer, the applicant is her husband. 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. 2 2025:UHC:8474 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-Mohd. Muntazir, 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 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 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. Date:22.09.2025 JKJ/Pant 3