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2025 DAILYLAW 8569 (UTT)

ASLAM v. STATE OF UTTARAKHAND

ABA/734/2025 · 2025-10-07

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8846 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07TH OCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO.734 OF 2025 Aslam ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief Holder Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant-Aslam seeking anticipatory bail in Case Crime No.277 of 2025, registered at Kotwali Gangnahar, District Haridwar under Sections 121(1), 221, 324(4), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 2. As per the First Information Report dated 25.06.2025, the informant was on emergency duty in Sub-District Hospital, Roorkee on 23.06.2025. One person was brought dead to the hospital. He declared the person dead. The brother of the deceased and one other assaulted him and Dr. Rohit Gupta. They sustained injuries. They also damaged the Government property. 1 2025:UHC:8846 The First Information Report has been registered against unknown person. 3. Heard Mr. Mohd. Safdar, learned counsel appearing for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent. 4. Mr. Mohd. Safdar, Advocate submitted that the said allegations are totally false. The police were also present in the hospital, therefore, the alleged incident could not have taken place in the presence of the police. Applicant has no criminal antecedents. He is a resident of District Haridwar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 02.07.2025 and the conditions of the interim bail have not been violated by him. 5. Mr. Deepak Bhardwaj, Brief Holder has opposed the anticipatory bail application. 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 2 2025:UHC:8846 and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 02.07.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant- Aslam, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) 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. Dt: 07.10.2025 JKJ/Pant 3