Lal Singh And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 6 of 2025, registered at Police Station Kelakheda, District Udham Singh Nagar under Sections 126(2), 131, 132, 190, 191(2), 191(3), 221, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

Heard Mr. Mohd. Shafy, learned counsel for the applicants, Mr. G.S. Sandhu, learned Additional Advocate General for the respondent nos. 1 & 2 and Mr. Harshpal Sekhon, learned counsel for the respondent no.3.

Mr. Mohd. Shafy, Advocate, submitted that the applicants do not have any criminal antecedents. They are permanent residents of District Udham Singh Nagar, therefore, there is no chance of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicants were granted interim bail on 08.01.2025, and, the conditions of interim bail have not been violated by them.

Mr. G.S. Sandhu, Additional Advocate General for the respondent nos. 1 & 2 and Mr. Harshpal Sekhon, Advocate for the respondent no. 3 have 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 08.01.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Lal Singh, Seetaram alias Taini, Abhishek, Brijesh alias Boby, Hakam Singh alias Timma, Sachin, Anoop Singh and Jagdish, 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.