Ashwani Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Section 379, Section 34 and Section 411 of the Indian Penal Code, 1860 in connection with First Information Report No. 562 of 2023 registered at police station Kotwali Haridwar, District Haridwar.

As per the First Information Report dated 22.08.2023, informant’s van (Registration No. DL4CAV6522) was stolen on 21.08.2023. The First Information Report was registered against unknown person. The said vehicle was recovered from the possession of the present applicant.

Heard Mr. Mohd. Safdar, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. along with Ms. Meenakshi Sharma, learned Brief Holder for the State.

Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated in the present matter. The said vehicle was not recovered from his possession. Applicant has no criminal history. The said offences are triable by Magistrate.

On the other hand, Mrs. Manisha Rana Singh, A.G.A. 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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Ashwani Sharma, he will be released on Anticipatory Bail on furnishing his 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 following conditions:-

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

(ii) Applicant shall cooperate with the Investigating Agency and he will make himself available at the time of interrogation by the Investigating Agency as and when required;

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.794 of 2023) stands disposed of accordingly.