High CourtsSingle Bench

Abhishek Agarwal vs State Of Uttarakhand

Uttarakhand High Court · Decided on 20 November 2024 · Citation: (2024) 11 UK CK 0040

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Bhartiya Nyaya Sanhita, 2023 — Section 318(4)
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 883 Of 2024
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Judgment

14 paragraphs · 289 words

Ravindra Maithani, J

1.

Applicant seeks anticipatory bail in FIR/Case Crime No.599 of 2024, under Section 318(4) of the Bhartiya Nyaya Sanhita, 2023, Police Station Roorkee, District Haridwar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the applicant impersonated as an employee of the Haridwar-Roorkee Development Authority and inspected an under construction place.

4.

Learned counsel for the applicant would submit that the applicant never impersonated any person; the applicant did not demand any money; merely based on some newspaper reports, the FIR has been lodged.

5.

Learned State Counsel would submit that the informant and other witnesses have supported the prosecution case.

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 Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the court concerned.

(iv) The applicant shall deposit his passport with the AO. 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.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.