Gourav vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Gourav seeks anticipatory bail in FIR No. 431 of 2024, under Sections 109, 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station

Jhabrera, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 09.11.2024, when the informant was in his house, he noticed that the applicant is urinating in front of his house. On being

questioned, FIR records that the applicant opened fire, which admittedly, did not hit the informant.

Learned counsel for the applicant would submit that it is no injury case. The Investigating Officer has taken non bailable warrants just after nine

days of the incident without revealing as to when did he try to question or interrogate the applicant. No purpose would be served if the applicant is

arrested now. He would also submit that issuance of non bailable warrants per se is not a bar in granting anticipatory bail.

Learned State counsel admits that it is no injury case, but according to him, non bailable warrants had already been issued against the applicant.

Law is well settled that issuance of non bailable warrants per se is not a bar to entertain anticipatory bail application in view of the principles of law,

as laid down in the case of Asha Dubey Vs. State of Madhya Pradesh, Criminal Appeal no. 4564 of 2024 (SLP (CRL.) No. 13123 of 2024) dated

12.11.2024.

Totality of the circumstances may be seen. It is a no injury case. The dispute has arise out from the small issued.

Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in

the like amount, to the satisfaction of the Arresting Officer (“AOâ€​). In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

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

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the

applicant does not have passport, he shall give an undertaking to that effect to the AO.

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