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Aditya Singh And Another vs State Of Uttarakhand

Uttarakhand High Court · Decided on 19 June 2024 · Citation: (2024) 06 UK CK 0044

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 504, 506 · Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(X)
RESULT
Allowed
CASE NUMBER
Second Anticipatory Bail Application No. 3 Of 2023
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Judgment

15 paragraphs · 354 words

Ravindra Maithani, J

1.

Applicants- Aditya Singh and Rajesh Kumar seek anticipatory bail in Case Crime No.199 of 2022, under Sections 323, 504 and 506 IPC and Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Cantt, District Dehradun.

2.

Heard learned counsel for the parties and perused the record.

3.

This is the second anticipatory bail application. The first anticipatory bail application being ABA No.3327 of 2022 was dismissed in non-prosecution on 02.03.2023.

4.

According to the FIR, on 17.11.2022, the applicants abused the informant with caste-coloured remarks and threatened them to life also.

5.

Learned counsel for the applicants would submit that no offence under the provisions of the Act is made out; the informant does not belong to any category, which may invoke the provisions of the Act.

6.

Learned State Counsel would submit that the informant has already been informant about the pendency of this second anticipatory bail application. He would submit that the witnesses have supported the prosecution case.

7.

Having considered, this Court is of the view that this is a case, in which the applicants 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 applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:-

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

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

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

(iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.

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