Irshad Ahmad And Three Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants for anticipatory bail in Case Crime No.322 of 2022, registered at Police Station Patel Nagar, District Dehradun.

According to the First Information Report dated 12.05.2022, the applicants are the relatives of the informant. They came to the informant’s house on 21.03.2020 and Jewelery worth 27 tola of gold and silver was taken away from the daughter-in-law of the informant.

Heard Mr. Gaurav Singh, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Pradeep Lohani, Brief Holder submitted that the charge-sheet has been filed against the present applicant under Sections 406, 504 & 506 of the Indian Penal Code, 1860.

Mr. Gaurav Singh, Advocate, contended that the applicants have been falsely implicated in the present matter. They did not take any Jewelery from the dauther-in-law of the informant. They are permanent residents of District Saharanpur (Uttar Pradesh), therefore, there is no likelihood of their absconding. They do not have any criminal antecedents. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pradeep Lohani, Brief Holder 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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants, Irshad Ahmad, Sameena, Israr and Tasreen, 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.