Jabir And Another vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed for anticipatory bail in Case Crime No. 410 of 2023, registered at Police Station Gangnahar, District Haridwar. The charge-sheet has been filed for the offence under Sections 147, 148, 149, 307, 323, 504 and Section 506 of the Indian Penal Code, 1860.

According to the First Information Report, on 19.07.2023, at 07:00 p.m., the applicants along with the co-accused opened indiscriminate firing and pelted stones. However, the fire did not hit any person.

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

Mr. Gaurav Singh, Advocate, has contended that it is a cross case of FIR No.412 of 2023. It is a no injury case. Applicants were not aggressors. Applicants are not convicted persons. They are permanent residents of District Haridwar, 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, applicants were granted interim bail on 10.04.2024, and, the conditions of the interim bail have not been violated by them.

Mr. Pradeep Lohani, Brief Holder, 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 10.04.2024, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Jabir and Akhlakh, 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.