Harjender Singh And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking anticipatory bail under Sections 109(1), 117(2), 190 and Section 191(3) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.37 of 2025, registered at Police Station Kashipur, District Udham Singh Nagar.

As per the FIR dated 18.01.2025, co-accused Mangal Singh and some unknown persons beat the informant’s son with lathi, danda and broke the glass of his car at around 8:30 p.m. on 17.01.2025.

Heard Ms. Aiswarya Thapliyal, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for State.

Ms. Aiswarya Thapliyal, Advocate, has contended that the applicants have been falsely implicated in the present matter. Applicants are not named in the First Information Report. Applicants are not convicted persons. The applicant no.1 is a permanent resident of District Udham Singh Nagar and the applicant no.2 is a permanent resident of District Nainital, therefore, there is no possibility of their absconding. Charge-sheet has been filed, therefore, there is no chance of tampering with the evidence. Applicants were granted interim bail on 05.03.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pradeep Lohani, learned Brief Holder for State 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 Anticipatory Bail Application is allowed and the order dated 05.03.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Harjender Singh and Kuldeep 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.