Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Anticipatory Bail Application No. 651 of 2024
Sandeep Rawat
...Applicant
Versus
State of Uttarakhand and others ...Respondents
Present:- Mr. Sanjay Bhatt, Advocate for the applicant. Mr. Siddhartha Bisht, AGA with Mr. Himanshu Sain, Brief Holder for the State. Ms. Snigdha Tiwari, Advocate for the informant.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant seeks anticipatory bail in FIR No. 226 of 2024 dated 09.07.2024, under Sections 323, 504, 506 IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“the SC/ST Act”), Police Station Ramnagar, District Nainital.
2.
Heard learned counsel for the parties and perused the record.
3.
Both the applicant and the informant were working in one and the same establishment. According to the FIR, on 18.10.2023, at about 07:30 in the morning, the applicant abused the informant with caste coloured remarks and threatened him to life. The FIR records that later on the informant was beaten up also.
4.
Learned counsel for the applicant would submit that the FIR is delayed. It is argued that the offence has not
2 allegedly been committed in public view, hence, the offence under the SC/ST Act is not made out.
5.
Learned counsel for the informant would submit that the informant was beaten up by the applicant; there are video footages of the incident also.
6.
Learned State Counsel would submit that there is no medical injury report. He would submit that the victim has not given any medical report to the Investigating Officer. However, the learned counsel for the informant would submit that the medical examination was conducted by the doctor.
7. 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.
8. The anticipatory bail application is allowed.
9.
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 Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:- (i) The applicant shall cooperate with the investigation.
3 (ii) He shall not approach in any manner whatsoever, any of the witnesses of the case. (iii) He shall not leave the country without prior permission of the concerned court. (iv) He 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 give an undertaking to that effect to the AO. (iv) The applicant shall also give an undertaking on (i), (ii) & (iii) above.
(Ravindra Maithani, J.) 11.02.2025 Avneet/