Furqan vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant - Furqan seeking anticipatory bail in Case Crime No.29 of 2025, registered at Police Station Gadarpur, District Udham Singh Nagar under Section 309(4), Section 3(5) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 30.01.2025, the informant was sleeping at his house with his wife and children on 28/29.01.2025. Two masked men entered his house between 02:00 a.m. – 03:00 a.m. They looted Rs.36,000/-, 32 tola silver jewelry, Aadhaar card and other documents at gunpoint.

Heard Mr. Mani Kumar, learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. Mani Kumar, Advocate, submitted that the applicant has been falsely implicated in the present matter. He was not present on the spot. He was not involved in the present matter. The co-accused Saif Ali and Irshad were arrested by the police. The name of the present applicant has come to light in their confessional statements. Applicant is not a previous convict. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding.

Mr. Tumul Nainwal, Assistant Government Advocate, 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 Furqan, 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.