Mohd. Sameer vs State Of Uttarakhand

Alok Kumar Verma, J

This is an Application for anticipatory bail, filed by the applicant-Mohd. Sameer, in Case Crime No.202 of 2025, registered at Police Station Ramnagar, District Nainital under Sections 109, 115(2), 126(2), 190, 191(2), 191(3), 3(5) and Section 324(2) of the Bharatiya Nyaya Sanhita, 2023.

As per the First Information Report dated 08.06.2025, the informant was beaten by the named five co-accused and other 10-15 unknown persons at around 05.40 p.m. on 07.06.2025, due to which he got injured. They also broke his mobile phone.

Heard Mr. Tajhar Qayyum, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Tajhar Qayyum, Advocate contended that the applicant is not named in the First Information Report. He is an innocent person. He has been falsely implicated in the present matter. He was not present on the spot. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. He is not a convicted person. He was granted interim bail on 17.06.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Pradeep Lohani, learned Brief Holder 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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 17.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Mohd. Sameer, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.