Mohd. Alam And Others 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 Case Crime No.184 of 2023, registered at police station Sahaspur, District Dehradun.

Mrs. Manisha Rana Singh, A.G.A., has submitted that as per instruction, received from the Investigating Officer, present applicants are wanted in the offence under Sections 147, 148, 153A, 295, 323, 324, 34, 120B, 427, 307 of the Indian Penal Code, 1860 and Section 7 of the Criminal Law (Amendment) Act, 1932.

As per the allegations of FIR, on 14.7.2023, one named co-accused and one thousand other persons broke the bikes of persons, in which, several persons were injured and the idol of Shiva was broken.

Mr. Bilal Ahmed, Advocate, contended that the applicants have been falsely implicated in the present matter. They are not named in the First Information Report. They were not present at the spot. They have not been convicted by any court, and, they are permanent resident of District Dehradun.

On the other hand, Mrs. Manisha Rana Singh, 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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Mohd. Alam, Javed Khan, Mohd. Azam alias Sonu and Mohd. Ahsan alias Saddam, they will be released on Anticipatory Bail on furnishing their 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 applicants 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 applicants misuse or violate the said condition, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.577 of 2023) stands disposed of accordingly.