Harkesh Alias Rakesh Alias Kesi & Others vs State Of Uttarakhand

Alok Kumar Verma, J

Apprehending their arrest, applicants - accused persons Harkesh Alias Rakesh Alias Kesi, Jaswant Singh Alias Jassu and Satveer Singh have filed the present Application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with the First Information Report No.270 of 2023, registered at police station Ramnagar, District Haridwar under Section 379 of the Indian Penal Code, 1860.

Heard Mr. M.K. Ray, learned counsel for applicants and Ms. Manisha Rana Singh, learned AGA for State.

Mr. M.K. Ray, Advocate, submitted that applicants have been implicated in the present matter. They were not present at the spot. They have not been convicted by any Court. Applicants are permanent resident of District Nainital and the said offences are triable by Magistrate.

Learned counsel for the State has submitted that as per instructions, received from the Investigating Officer, one criminal case under Sections 147, 148, 323 and 504 is pending against the applicant no.1 – Harkesh Alias Rakesh Alias Kesi and applicant no.2 – Jaswant Singh Alias Jassu.

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 applicants, namely, Harkesh Alias Rakesh Alias Kesi, Jaswant Singh Alias Jassu and Satveer Singh, will be released on Anticipatory Bail on furnishing their 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 applicants 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 applicants misuse or violate the said condition, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.520 of 2023) stands disposed of accordingly.