Irshad And Others 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 for grant of anticipatory bail in Case Crime No. 205 of 2025, registered at Police Station Manglaur, District Haridwar.

As per the First Information Report, lodged by the informant/ victim, the co-accused Junaid pronounced triple talaq and raped her. The inform ant further alleged that the present applicants abused her and threatened to kill her.

Heard Mr. Rajveer Singh, learned counsel for applicants and Mr. Pratiroop Pandey, learned A.G.A., assisted by Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Rajveer Singh, Advocate, submitted on instructions that the inform ant / alleged victim is residing with her husband Junaid, the co-accused.

Mr. Pratiroop Pandey, A.G.A., has also submitted on instructions received from the Investigating Officer that the inform ant/ victim is residing with her husband Junaid.

Mr. Rajveer Singh, Advocate, has further submitted that the applicants are family members of the co-accused Junaid. They do not have any criminal antecedents. They are perm anent residents of District Haridwar, therefore, there is no chance of their absconding.

Mr. Pratiroop Pandey, 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.

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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants Irshad, Shami alias Abdul Shami, Pravej and Smt. Sumani, 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 cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iv) 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.