Jitendra And Others vs State Of Uttarakhand

Alok Kumar Verma, J

This is an Application for anticipatory bail

As per the First Information Report dated 22.02.2025, the informant’s son was beaten by the applicants on 20.02.2025 at around 3: 00 p.m.

On 11.03.2025, Mr. Pratiroop Pandey, learned Assistant Government Advocate, submitted on instructions that investigation is going on under Sections 117(2), 115(2), 324(4), 333, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 234 of 2025, registered at Police Station Laksar, District Haridwar.

Today, Mr. G.S. Sandhu, Additional Advocate General, submitted that the applicant no. 4 Abhishek, the applicant no.5 Rajesh Kumar, the applicant no.6 Kareshan and the applicant no.7 Pankaj Kumar have been exonerated by the Investigating Officer during the course of the investigation.

Mr. Shashi Kant Shandilya, Advocate, submitted that the applicant no. 1 to applicant no.3 have been falsely implicated in the present matter. The son of the informant along with his friends entered into the house of the applicant no.1 on 20.02.2025 at 2: 30 p.m. and molested his (applicant no.1) daughter and when the daughter of the applicant no.1 raised her voice, then some of the family members and public came on the spot. Informant’s son managed to escape from the spot. Applicant no.1 filed a com plaint on the same day, but the First Information Report was not registered.

Mr. Shashi Kant Shandilya, Advocate, has further submitted that the applicants have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding. They were granted interim bail on 11.03.2025, and, the conditions of interim bail have not been misused by them.

Mr. G.S. Sandhu, Additional Advocate General, 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 circum stances 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 11.03.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Jitendra, Jauni and Jatin Kumar, 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 m ove the Court for cancellation of the anticipatory bail.