Babar And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 268 of 2024, registered at Police Station Vikasnagar, District Dehradun under Sections 109(1), 115(2), 191(2), 351(3), 352 and Section 74 of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report, Afzal, the husband of the informant, received injuries in the incident occurred on 22.08.2024.

Heard Mr. Ankur Sharma, learned counsel for applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.

Mr. Ankur Sharma, Advocate submitted that the applicants have been falsely implicated in the present matter. In Criminal Writ Petition (WPCRL No.1431 of 2024), filed under Article 226 of the Constitution of India, a compounding application has been filed. The alleged injured filed his affidavit dated 15.12.2024 in the said petition. He submitted in the paragraph no.5 of his affidavit that “the allegations made in the first information report are totally false and frivolous”. Applicants do not have any criminal antecedents. They are permanent residents of District Dehradun, therefore, there is no chance of their absconding.

Mr. G.S. Sandhu, Additional Advocate General for the State 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants, Babar and Mohd. Kaif, 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.