Harendra Singh And Two Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.3 of 2025, registered at Kotwali Muni-Ki-Reti, District Tehri Garhwal.

The First Information Report was lodged by one Forest Guard, namely, Pankaj Bhatt, with the allegations that some building material was dumped by the applicants in the Reserve Forest. The applicants assaulted the informant, due to which he got injured.

Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicants, Mr. G.S. Sandhu, learned Additional Advocate General for the State and Mr. V.K.Kaparuwan, learned counsel for the informant.

Mr. V.K. Kaparuwan, Advocate, submitted that the charge-sheet under Sections 121(1), 121(2), 132, 324, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 has been filed by the Investigating Officer against the applicants. He has opposed the anticipatory bail application.

Mr. Pankaj Kumar Sharma, Advocate contended that the applicants have been falsely implicated in the present matter. There was a marriage ceremony in the family of the applicants. The marriage was scheduled to be held on 12.02.2025, therefore, some renovation work was being carried out in the residential house of the applicants and during the renovation work, the informant came to their house and stopped the work by saying that why the prior permission for renovation of work was not taken.

Mr. Pankaj Kumar Sharma, Advocate further submitted that no offence is made out against the applicants. They do not have any criminal antecedents. They are permanent residents of District Tehri Garhwal, therefore, there is no possibility of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence and the applicants were granted interim bail on 28.01.2025, and, conditions of the interim bail have not been violated by them.

Mr. G.S. Sandhu, Addl. Advocate General has 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 Application, filed for anticipatory bail, is allowed and order dated 28.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, Harendra Singh, Umesh Singh and Surjeet Singh, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iii) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.