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Afzal And Four Others vs State Of Uttarakhand

Uttarakhand High Court · Decided on 26 July 2023 · Citation: (2023) 07 UK CK 0171

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 120B, 147, 148, 153A, 295, 307, 323, 324, 427 · Criminal Law (Amendment) Act, 1932 — Section 7 · Constitution Of India, 1950 — Article 21
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No. 591 Of 2023
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Judgment

10 paragraphs · 350 words

Alok Kumar Verma, J

1.

This is an Application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with the First Information Report No.184 of 2023, registered at police station Sahaspur, District Dehradun.

2.

As per instructions, received by the learned counsel for the State, present applicants are wanted in the offence under Sections 147, 148, 153A, 295, 323, 324, 120B, 34, 427, 307 of the Indian Penal Code, 1860 and Section 7 of the Criminal Law (Amendment) Act, 1932.

3.

According to the FIR, one named co-accused and one thousand other unknown persons broke several bikes in which several persons were received injuries and the idol of Shiva was broken on 14.07.2023.

4.

Heard Mr. Bilal Ahmed, learned counsel for the applicants and Mr. Pramod Tiwari, learned Brief Holder for the State.

5.

Learned counsel for the applicants contended that the applicants are not named in the First Information Report. They were not present at the spot. They have been falsely implicated in the present matter and they are permanent resident of District Dehradun.

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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicants Afzal, Arshad, Abrar Khan, Farook and Sahzad Ali, will be released on Anticipatory Bail on furnishing their personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/Arresting Officer with the condition that the applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

8.

It is clarified that if the applicants misuse or violate the said condition, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

9.

Anticipatory Bail Application (No.591 of 2023) stands disposed of accordingly.