Lalu Alias Amir Khan vs State Of Uttarakhand

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of anticipatory bail under Sections 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3 read with Section 25 and Section 27 of the Arm s Act, 1959 in case bearing FI R No.28 of 2025, registered at Police Station Sahaspur, District Dehradun.

As per the First Information Report, on 05.02.2025, the co-accused Usman alias Kalu filed on the police party. He was arrested. The police party recovered one country made pistol and cartridge from the possession of co-accused. He told the police party that the present applicant was also involved in the said offence.

Heard Mr. Pranav Singh, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pradeep Lohani, learned Brief Holder for State.

Mr. Pranav Singh, Advocate, submitted on instructions that two co-accused namely Usman and Salman were arrested. They told the police that Lalu alias Amir Khan was also involved in the said offence. He has been falsely implicated in the present matter only on the statements of the co-accused Usman and Salman. Applicant is not a previous convict. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding.

Mr. Pratiroop Pandey, A.G.A. on instructions submitted that no other evidence has been found so far against the present applicant except the statements of co-accused Usman and Salman.

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 applicant Lalu alias Amir Khan, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.