Bilendar vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant Bilendar seeking anticipatory bail in Case Crime No. 348 of 2025, registered at Police Station Laksar, District Haridwar.

As per the FIR dated 25.03.2025, the applicant and others hit Premchand and Rahul with bricks at around 3:00 p.m. on 14.03.2025 due to which they suffered injuries.

Heard Mr. Vishal Kumar Nautiyal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Pradeep Lohani, Brief Holder, submitted on instructions that the investigation against the applicant is pending for the offence under Sections 109, 115(2), 117(2), 190, 191(2), 191(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

Mr. Vishal Kumar Nautiyal, Advocate contended that a cross FIR has already been lodged by Smt. Sarita, a member of the applicant’s family. The cross FIR was lodged on 25.03.2025. Applicant was not aggressor. Sadhuram, a co-accused of the similar role, has already been granted regular bail by the Additional District and Sessions Judge, Laksar, District Haridwar. Ajay and Arun, the co-accused, have also been granted anticipatory bail by this Court in Anticipatory Bail Application No. 693 of 2025.

Mr. Vishal Kumar Nautiyal, Advocate, further contended that the applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He was granted interim bail on 12. 06.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Pradeep Lohani, Brief Holder, 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 12.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Bilendar, 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.