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Judgment
13 paragraphs · 463 wordsAlok Kumar Verma, J
This Application has been filed for anticipatory bail in Case Crime No.97 of 2025, registered at Police Station Nanakmatta, District Udham Singh Nagar.
The First Information Report was registered under Sections 109(1), 117(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. Charge-sheet has been filed under Section 117(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.
According to the First Information Report dated 15.05.2025, the applicants and other two co-accused beat the informants brother at around 07:30 a.m. on 15.05.2025 due to which he sustained injuries.
Heard Ms. Sarita Bisht, learned counsel for the applicants and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.
Ms. Sarita Bisht, Advocate appearing for the applicant, has contended that the applicants have been falsely implicated in the present matter. The offence under Section 117(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 are triable by Magistrate. Applicants have no criminal antecedents. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicants were granted interim bail on 19.06.2025, and, the conditions of the interim bail have not been violated by them.
Mrs. Rangoli Purohit, 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 19.06.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Baljeet Singh alias Sethi and Aaryan Singh, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment;
(ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(iii) 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.
