Maruf Ahmad vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in connection with the Case Crime No.184 of 2023, registered at police station Sahaspur, District Dehradun.

Heard Mr. Suhail Ahmed Siddiqui and Mr. Bilal Ahmed, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mrs. Manisha Rana Singh, AGA, for the State submits that as per instructions, present applicant is wanted under Sections 147, 148, 153A, 295, 323, 324, 427, 307, 120B, 34 of the Indian Penal Code, 1860 and Section 7 of the Criminal (Amendment) Act, 1932.

As per FIR dated 15.07.2023, one named co-accused and one thousand other unknown persons damaged several bikes, injured several persons and vandalized the idol of Shiva on 14.07.2023 at 10:30 p.m.

Learned counsel for the applicant submitted that the applicant was not present on the spot. He is not named in the First Information Report. He has been falsely implicated in the present matter. He is not convicted by any Court. He is a permanent resident of District Dehradun, and, the co-accused persons have been granted anticipatory bail by this Court.

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.

In the facts and circumstances of this case and having regard to the submissions of learned counsel for both the parties, it is directed that in the event of arrest, the applicant Maruf Ahmad will be released on Anticipatory Bail on furnishing a personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/ Arresting Officer with the following conditions:-

(i) Applicant shall make himself available at the time of interrogation by the Investigating Agency as and when required;

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

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.676 of 2023) stands disposed of accordingly.