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2025 DAILYLAW 7899 (UTT)

AYYAJ AHMAD v. STATE OF UTTARAKHAND

ABA/671/2025 · 2025-10-07

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8844 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07thOCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO.671 of 2025 Ayyaj Ahmad .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, 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 for anticipatory bail has been filed in Case Crime No. 208 of 2025, registered at Kotwali Roorkee, District Haridwar under Section 351(3) and Section 74 of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 11.06.2025, the applicant molested the informant in a car on 03.06.2025. 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent. 4. Mr. Gaurav Singh, Advocate contended that 1 2025:UHC:8844 the allegations of the First Information Report are totally false. Applicant, aged about 59 years, has been falsely implicated in the present matter. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Applicant was granted interim bail on 19.06.2025, and, the conditions of interim bail have not been violated by him. 5. Mr. G.S. Sandhu, Additional Advocate General has opposed the bail application orally. 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 19.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Ayyaj Ahmad, he shall be released on anticipatory bail on executing a personal bond of Rs. 2 2025:UHC:8844 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 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. Dt:07.10.2025 Nahid 3