Deepak Kumar vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Application has been filed for anticipatory bail in Case Crime No.219 of 2025, registered at Police Station Laksar, District Haridwar under Sections 109, 115(2), 190, 191(1), 191(2), 324(4), 333, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report, the present applicant and other co-accused entered the house of the informant and fired.

Mr. Birendra Singh Adhikari, learned counsel for the applicant, Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent nos.1 and 2 and Mr. Subhash Tyagi Bhardwaj, learned counsel for the respondent no.3.

Mr. Birendra Singh Adhikari, Advocate, contended that the applicant has been falsely implicated in this matter. He was not involved in the alleged crime. The alleged firearm has not been recovered from his possession. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Shishpal, Ashish, Vishal, Sushil Kumar and Ajeet Singh, co- accused of similar role, have already been granted anticipatory bail by this Court. Applicant was granted interim bail on 11.03.2025, and, the conditions of the interim bail have not been violated or misused by the applicant.

Mr. Pratiroop Pandey, Assistant Government Advocate and Mr. Subhash Tyagi Bhardwaj, Advocate, have 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 11.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Deepak Kumar, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) 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 granted to the applicant.