Ajay And Another vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.348 of 2025, registered at Police Station Laksar, District Haridwar.

According to the First Information Report dated 25.03.2025, the applicants and others hit Premchand and Rahul with bricks at around 3:30 p.m. on 14.03.2025 due to which they suffered injuries.

Heard Mr. Vishal Kumar Nautiyal, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for respondent.

Mr. Pradeep Lohani, learned Brief Holder, submitted on instructions that the investigation against the present applicants is pending for the offence under Sections 109, 115(2), 117(2), 190, 191(2), 191(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

Mr. Vishal Kumar Nautiyal, Advocate, contended that a cross FIR has also been lodged by Smt. Sarita, a member of the family of the applicants. The cross FIR was also lodged on 25.03.2025. Applicants were not aggressors. Sadhuram, a co-accused of the similar role, has already been granted regular bail by the Additional District and Sessions Judge, Laksar, District Haridwar. Applicants are permanent residents of District Haridwar, therefore, there is no chance of their absconding. They have no criminal antecedents. They were granted interim bail on 26. 06.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pradeep Lohani, learned Brief Holder, appearing for the State, on instructions, has opposed the anticipatory bail application orally.

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 Application, filed for anticipatory bail, is allowed and order dated 26.06.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Ajay and Arun, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.