Mohd. Akram & Others vs State Of Uttarakhand

Alok Kumar Verma, J

As per FIR, one named co-accused and one thousand unknown persons damaged the bikes of several persons on 14.07.2023, in which, several persons received injuries and the idol of Shiva was broken.

Present Application has been filed by the applicant no.1 – Mohd. Akram, applicant no.2 – Abdul Kadir, applicant no.3 – Amir Ahmed and applicant no.4 – Buksulla 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. Bilal Ahmed, learned counsel for applicants and Mrs. Manisha Rana Singh, learned AGA for State.

Mrs. Manisha Rana Singh, Advocate, has submitted that as per instructions received from the Investigating Officer, applicant no.1 – Mohd. Akram, applicant no.3 – Amir Ahmed and applicant no.4 – Buksulla are not wanted in the present matter. Applicant no.2 – Abdul Kadir is wanted in the offence under Sections 147, 148, 153A, 295, 323, 324, 34, 427, 120B, 307 of the Indian Penal Code, 1860 and Section 7 of the Criminal Law (Amendment) Act, 1932.

After the said submissions, learned counsel for the applicants has submitted that applicant no.1, applicant no.3 and applicant no.4 do not want to press the present application, filed under Section 438 of the Code of Criminal Procedure, 1973.

Present Application, filed for applicant nos.1, 3 and 4, are dismissed as not pressed.

Mr. Bilal Ahmed, Advocate, for the applicant no.2 contended that the applicant has been implicated in the present matter. He is not named in the First Information Report. He was not present at the spot. He has not been convicted by any Court, and, he is a permanent resident of District Dehradun.

Mrs. Manisha Rana Singh, learned AGA 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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant no.2, namely, Abdul Kadir, he will be released on Anticipatory Bail on furnishing his 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 condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

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

Anticipatory Bail Application (No.608 of 2023) stands disposed of accordingly.