Joni And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of anticipatory bail under Sections 195, 211 and Section 120B of the Indian Penal Code, 1860 in Case Crime No.373 of 2014, registered at Kotwali Roorkee, District Haridwar.

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

According to the respondent, the applicant no.1 - Joni with applicant no.2 – Smt. Ramesho and one Gaje Singh had lodged a false FI R that Furkan shot him and his mother at 01:00 a.m. on 09.10.2014.

Mr. Gaurav Singh, Advocate, has contended that the applicants were the victim, but police in collusion with the real culprits falsely implicated them in the present matter.

Mr. Gaurav Singh, Advocate, submitted that one co-accused Gaje Singh has already been granted regular bail by the Sessions Judge, Haridwar on 22.04.2015. The applicants do not have any criminal antecedents. They are perm anent residents of District Haridwar, therefore, there is no likelihood of their absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pradeep Lohani, learned Brief Holder for the State, 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, namely, Joni and Smt. Ramesho, they should 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 clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.