Mamraj And Another vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.1088 of 2018 (Criminal Case No.470 of 2019), registered at Police Station Laksar, District Haridwar under Sections 323, 326 and Section 504 of the Indian Penal Code, 1860.

As per the First Information Report dated 05.12.2018, the applicants have enmity with Subhash, the informant’s uncle, regarding a land. The applicants abused Subhash on 02.12.2018 at around 6:00 p.m., entered his house and beat him with sticks and rods due to which he suffered injuries.

Heard Mr. Pankaj Kumar Sharma, learned counsel for applicants and Mr. Pratiroop Pandey, learned A.G.A for State.

Mr. Pankaj Kumar Sharma, Advocate, contended that the applicants have been falsely implicated due to land disputes. On the date of alleged incident, in fact, the applicant no.1 and one Kanwar Pal were assaulted from the side of the informant of the present FIR. The applicant no.1 and Kanwar Pal received injuries. They were medically examined. A cross FIR was also lodged from the side of the applicants. Applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. They were not arrested during the course of the investigation. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pratiroop Pandey, A.G.A., 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Mamraj and Pradeep 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 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.