Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5751 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
04TH JULY, 2025
ANTICIPATORY BAIL APPLICATION NO. 38 OF 2025
Islam
..... Applicant
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicant
: Mr. Faizan Ali, Advocate
Counsel for the Respondent : Mr. Pradeep Lohani, Brief
Holder. Hon’ble Alok Kumar Verma,J.
This Application has been filed by the applicant-Islam seeking anticipatory bail in Case Crime No.752 of 2024, registered at Kotwali Roorkee, District Haridwar under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the First Information Report dated 18.12.2024, the applicant had executed an agreement to sale of the property belonging to the informant. 3. Heard Mr. Faizan Ali, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Faizan Ali, Advocate contended that the alleged agreement was not executed by the applicant, he was not even a witness to the said agreement. He is a permanent resident of District Haridwar, therefore, 1
2025:UHC:5751 there is no likelihood of his absconding. He is not a convicted person. He was granted interim bail on 10.01.2025, and, the conditions of the interim bail have not been violated by him. 5. Mr. Pradeep Lohani, learned Brief Holder for the State, 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 and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 10.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Islam, 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:- 2
2025:UHC:5751 (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.
Date : 04.07.2025. JKJ/Pant
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