Mohit Birla And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail under Sections 115(2), 118(1), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.34 of 2025, registered at Kotwali Roorkee, District Haridwar.

As per the First Information Report dated 30.01.2025, the applicants beat Vipin Beniwal, the brother of the informant, on 20.01.2025 and the applicant no.2 stabbed the knife on his back.

Heard Mr. Bilal Ahmed, learned counsel for applicants and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Bilal Ahmed, Advocate, contended that the applicants have been falsely implicated in the present matter. There is ten days’ delay in lodging the First Information Report. The weapon used in the alleged crime has not been recovered. Applicants have no criminal antecedents. They are perm anent resident of District Haridwar, therefore, there is no likelihood of their absconding, and, they were granted interim bail on 06.03.2025. The conditions of the interim bail have not been misused by them.

Mr. Pratiroop Pandey, learned A.G.A., has opposed the anticipatory bail application.

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 Application, filed for anticipatory bail, is allowed and order dated 06.03.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Mohit Birla and Manish, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them , to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

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

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.