Gulzar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in connection with the Case Crime No.413 of 2023, registered at police station SIDCUL, District Haridwar under Sections 379, 411 of the Indian Penal Code, 1860 and Section 4 read with Section 21 of the Mines and Minerals (Development And Regulation) Act, 1957 (in short, the “Act 1957”).

As per FIR, a tractor trolley was seized on the spot which was loaded with stolen gravel.

Mr. Bilal Ahmed, Advocate, contended that the applicant is not named in the First Information Report. Complaint under Section 22 of the said Act, 1957 has not been filed. Applicant has no criminal history. The said offences are triable by Magistrate and the applicant is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., 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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Gulzar, he will be released on Anticipatory Bail on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/Arresting Officer with the condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates the said condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.638 of 2023) stands disposed of accordingly.