Jaswinder Singh vs State Of Uttarakhand

Ravindra Maithani, J

Applicant seeks anticipatory bail in FIR No. 309 of 2023, under Sections 307 IPC, Police Station Khatima, District Udham Singh Nagar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 18.07.2023, when the informant was riding on a scooty along with Harjinder, a car hit on them from behind. The co-accused Taranveer Singh started assaulting the informant and thereafter, some other persons assaulted them. Due to which, the informant jumped from the road to conceal his presence, but he was fired, but somehow he escaped.

Learned counsel for the applicant would submit that this is a false FIR. The applicant is not named in the FIR. In fact, the informant himself has not revealed the name of the applicant. The FIR in the instant has been lodged under a design. Earlier, the informant sought protection from this Court in WPCRL No. 986 of 2023, but subsequently that protection order was recalled by this Court on 27.09.2023 observing that the informant had secured protection order by playing fraud on the Court. Learned counsel has placed for the perusal of the Court the order dated 27.09.2023 passed in WPCRL No. 986 of 2023.

Learned State counsel admits that the applicant is not named in the FIR and the informant has not named him. But, he would submit that another person who was with the informant i.e. Harvinder Singh, has named the applicant as one of the persons, who attacked on them. The injury report reveals of some contusions and abrasions.

Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each of the like amount to the satisfaction of the Investigating Officer. In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness/victim in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the concerned court.

(iv) The applicant shall deposit his passport with the IO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.