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Judgment
13 paragraphs · 462 wordsAlok Kumar Verma, J
The present Application has been filed by the applicant Ajeet Singh seeking anticipatory bail under Sections 109, 115(2), 190, 191(1), 191(2), 324(4), 333, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in FIR No.219 of 2025, registered at Police Station Laksar, District Haridwar.
As per the First Information Report, the present applicant and other co-accused entered into the house of the informant and fired.
Heard Mr. Birendra Singh Adhikari, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for respondent nos. 1 & 2.
Mr. Birendra Singh Adhikari, Advocate, contended that as per the statement of the informant, recorded by the Investigating Officer, Deepak Kumar and some unknown persons entered into his house and fired at those who were present at the spot but the bullet did not hit anyone. He further submitted that the applicant does not have any criminal antecedents. He is a perm anent resident of District Haridwar, therefore, there is no chance of his absconding. He was granted interim bail on 07.04.2025, and, the conditions of interim bail have not been misused by him.
Mr. Pratiroop Pandey, A.G.A., has opposed the anticipatory bail application orally.
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.
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 07.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Ajeet Singh, 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: -
(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.
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.
