Alkaseem Alias Kaseem vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed for anticipatory bail in Case Crime No.187 of 2025, registered at Police Station Gangnahar, District Haridwar under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 11.05.2025, there was a dispute between the informant and the co-accused Ahmad on 10.05.2025 over the money for curd. The same day at night, the co-accused Ahmad and the applicant went to the informant’s house and opened fire on him, but, the fire did not hit him.

Heard Mr. Mohd. Safdar, learned counsel for applicant and Mr. Deepak Bhardwaj, learned Brief Holder for respondent.

Mr. Mohd. Safdar, Advocate, has submitted that the applicant was not present on the spot. He has been falsely implicated in the present matter. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence and he was granted interim bail on 17.07.2025, and, the conditions of interim bail have not been violated by him.

Mr. Deepak Bhardwaj, Brief Holder, has opposed the anticipatory bail application.

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 17.07.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Alkaseem alias Kaseem, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iii) 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.