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Mohan Chandra Tiwari vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 November 2023 · Citation: (2023) 11 UK CK 0043

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 156(3) · Indian Penal Code, 1860 — Section 323, 504, 506
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 561 Of 2023
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Judgment

15 paragraphs · 345 words

Ravindra Maithani, J

1.

Counter affidavit is taken on record. Delay Condonation Application, IA No.1 of 2023, stands disposed of, accordingly.

2.

Applicant Mohan Chandra Tiwari sought anticipatory bail pursuant to an order passed in Miscellaneous Criminal Case No. 261 of 2023, Reena Devi Vs. Mohan Chandra Tiwari, by the Additional Chief Judicial Magistrate, Haldwani, District Nainital on 28.06.2023, by which an application under Section 156 (3) of the Code of Criminal Procedure, 1973, has been allowed.

3.

Heard learned counsel for the parties and perused the record.

4.

Initially, it has been the case of the informant that the informant that the applicant has raped the victim in the year 2008, and, thereafter, continuously blackmailed and threatened her.

5.

Earlier, when the matter was taken up on 17.07.2023, the Court had granted ad-interim anticipatory bail to the applicant.

6.

Learned counsel for the applicant would submit that after investigation, the police has submitted chargesheet under Section 323, 504 and 506 IPC against the applicant.

7.

Learned State Counsel admits it.

8.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

9.

The anticipatory bail application is allowed.

10.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of 20,000/- with two sureties, each in the like amount, to the satisfaction of the concerned court. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness/victim in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the concerned court.

(iii) The applicant shall deposit his passport with the court. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the IO.

(iv) The applicant shall also give an undertaking on (i), (i) & (ii) above.