Faiz And Others vs State Of Uttarakhand And Another

Ravindra Maithani, J

Delay in filing the counter affidavits is condoned. The Counter affidavits are taken on record. Delay Condonation Applications, IA No.1 of 2024, stand disposed of, accordingly.

Since all the anticipatory bail applications arise from the same FIR, they are being decided by this common order.

Applicants Faiz, Aman Bansal, Pradeep Kumar, Amar Singh Randhawa, Prashant Bhatt, Sarvjot Singh, Navdeep Singh, Rashpal Singh, Bua Singh, Gurvinder Singh @ Ginder, Gurpej Singh, Kulvinder Singh @ Goni and Rajat Bhandari seek anticipatory bail in FIR No.29 of 2024, under Sections 147, 148, 149, 307, 341, 342, 427, 504 and 506 IPC, Police Station Kelakhera, District Udham Singh Nagar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 20.02.2024, Lovepreet Singh was moving in his tractor trolley. At about 10:30 in the morning, he was waylaid by the applicants and the co-accused. Lovepreet called his friends. They reached there, and both the parties pelted stones on each other and fires were also opened. In firing, according to the FIR, Amrit Pal Singh sustained injuries.

Learned counsel for the applicants would submit that applicants- Faiz, Aman Bansal, Pradeep Kumar, Amar Singh Randhawa, Gurvinder Singh @ Ginder, Gurpej Singh and Kulvinder Singh @ Goni have already surrendered to custody. Therefore, their anticipatory bail applications have rendered infructuous. It is also submitted that injured Amrit Pal Singh has specifically assigned the role of firing to applicant Navdeep Singh, therefore, he does not press the anticipatory bail application of applicant Navdeep Singh.

The anticipatory bail applications of the applicants Faiz, Aman Bansal, Pradeep Kumar, Amar Singh Randhawa, Gurvinder Singh @ Ginder, Gurpej Singh and Kulvinder Singh @ Goni is dismissed as having been infructuous and the anticipatory bail application of the applicant Navdeep Singh is rejected, accordingly.

Learned counsel for the applicants would submit that it was a fight between two groups of students because of some issue relating to their elections. It is argued that the applicants have not been assigned any role of firing, as such; injured Amrit Pal Singh, in his statement has stated that Gurvinder Singh and Navdeep Singh had opened fire. Therefore, it is argued that it is a case fit for anticipatory bail, so far as applicants Prashant Bhatt, Sarvjot Singh, Rashpal Singh, Bua Singh and Rajat Bhandari are concerned.

These aspects are not denied by larned State Counsel.

Having considered, this Court is of the view that this is a case, in which the applicants Prashant Bhatt, Sarvjot Singh, Rashpal Singh, Bua Singh and Rajat Bhandari should be granted anticipatory bail. The instant anticipatory bail applications deserve to be allowed.

The anticipatory bail applications of the applicants Prashant Bhatt, Sarvjot Singh, Rashpal Singh, Bua Singh and Rajat Bhandari are allowed.

In the eventuality of arrest, the applicants Prashant Bhatt, Sarvjot Singh, Rashpal Singh, Bua Singh and Rajat Bhandari shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned. In addition to it, the applicants shall also comply with the following conditions:-

(i) The applicants shall not approach in any manner, whatsoever, any other witness in the case.

(ii) They shall cooperate with the investigation.

(iii) They shall not leave the country without prior permission of the concerned court.

(iv) They shall deposit their passports with the AO. The passport may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.

(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.