Danish vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant for anticipatory bail in Case Crime No. 214 of 2025, registered at Police Station SIDCUL, District Haridwar under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

As per the First Information Report dated 03.05.2025, one Pulsar motorcycle (Registration No.UP18 AX 7610) came on 02.05.2025 and the person who was sitting on the said motorcycle snatched a mobile phone (IMEI No.860202078972313) of the informant by showing a country made pistol.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Vaibhav Singh Chauhan, Advocate, for the applicant contended that the applicant was not named in the First Information Report. He has been falsely implicated in the present matter. Co-accused Aftab was arrested and the said mobile phone was recovered from his possession. The name of the applicant has come to the light in the confessional statement of the co-accused Aftab. Co-accused Aftab has already been granted regular bail by the Chief Judicial Magistrate, Haridwar. One co-accused Musahib has also been granted anticipatory bail by this Court in Anticipatory Bail Application No.842 of 2025. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.

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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant – Danish, 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 clarified 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.