Mohd. Arif 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 under Sections 380, 454, 411 and Section 34 of the Indian Penal Code, 1860 in connection with the First Information Report No.35 of 2023, registered at police station Cantt., District Dehradun.

As per the First Information Report dated 10.03.2023, on 09.03.2023, when the informant and his wife returned their house at 02.05 p.m. after dropping their granddaughter at school, they found that the doors of house were opened. Informant was standing near the gate. At the same time, one unknown person came from inside the house, pushed him and ran away. Jewellery and Rs.5,000/- were stolen from his house. The First Information Report was registered against unknown person. During the investigation, co-accused Irshad Ahmad was arrested. Some stolen properties were recovered from his possession. The name of the present applicant came to light in the confessional statement of co-accused Irshad Ahmad.

Heard Mr. Manish Lohani, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Manish Lohani, Advocate contended that the applicant is not named in the First Information Report. Nothing was recovered from his possession. He has been implicated by the co-accused Irshad Ahmad, who has been granted bail by the trial court. Applicant has no criminal history. He is a permanent resident of District Bijnor (U.P.), therefore, there is no chance of his absconding.

Mrs. Manisha Rana Singh, A.G.A. opposed the Anticipatory Bail Application.

In the facts and circumstances of the case, the applicant- Mohd. Arif is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

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

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

(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.891 of 2023) stands disposed of accordingly.