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2025 DAILYLAW 818 (UTT)

MOINUDDIN v. STATE OF UTTARAKHAND

ABA/20/2025 · 2025-01-10

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 20 of 2025 Moinuddin ...Applicant Versus State of Uttarakhand and Others ….Respondents Present:- Mr. Lochan Sah, Advocate for the applicant. Mr. Siddharth Bisht and Mr. Himanshu Sain, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant seeks anticipatory bail in Criminal Case No.531 of 2024, State Vs. Rifakat Ali and Others, arising out of Case Crime No.002 of 2023, under Section 420 IPC, Police Station Chamoli, District Chamoli, pending in the court of Chief Judicial Magistrate, District Chamoli. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant would submit that during investigation, the applicant was served with a notice under Section 41A of the Code of Criminal Procedure, 1973 (“the Code”). Now the chargesheet has been filed in the matter. He has referred to the cognizance order, which is Annexure No.2 to the anticipatory bail application. 4. Learned State Counsel would submit that chargesheet has already been filed; as per instructions, the 2 applicant has criminal history and he is not cooperating with the investigation. 5. The applicant was served with a notice under Section 41-A of the Code during investigation. Now, chargesheet has been filed. 6. Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:- (i) The applicant shall not approach any witness in any manner, whatsoever. (ii) The applicant shall not leave the country without prior permission of the court concerned. (iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall 3 give an undertaking to that effect to the court concerned. (iv) The applicant shall also give an undertaking on (i), and (ii) above. (Ravindra Maithani, J.) 10.01.2025 Ravi Bisht RAVI BISHT Digitally signed by RAVI BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ded921477e34a304cbcb0b52d4a59f37e6d2018d 38d0b669a5c068799391e6bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485ED764961E4E52 FD29C6F03C20917020ED093405536, cn=RAVI BISHT Date: 2025.01.10 01:26:13 +05'30'