Lalu Alias Amir Khan vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant seeking anticipatory bail under Sections 305, 109, 331(4), Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/ 25/ 27 of the Arms Act, 1959 in Case Crime No.11 of 2025, registered at Police Station Selakui, District Dehradun.

As per the FIR, two cows of the informant were stolen on 04.02.2025.

Heard Mr. Pranav Singh, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Pranav Singh, Advocate, has submitted that as per the case of the respondent, the police party found a head and body parts of two cows on 04.02.2025 at about 16.36 hours. One co-accused, namely, Usman alias Kalu was arrested. The name of the present applicant has come into light on the confessional statement of the co-accused Usman alias Kalu.

Mr. Pranav Singh, Advocate, has further submitted that the applicant is not a previous convict. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding.

Mr. Pradeep Lohani, 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 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.