Moinuddin vs State Of Uttarakhand And Others

Ravindra Maithani, J

Applicant seeks anticipatory bail in Criminal Case No.531 of 2024, State Vs. Rifakat Ali and Others, arising out of Case Crime No.002 of 2023,

under Section 420 IPC, Police Station Chamoli, District Chamoli, pending in the court of Chief Judicial Magistrate, District Chamoli.

Heard learned counsel for the parties and perused the record.

Learned counsel for the applicant would submit that during investigation, the applicant was served with a notice under Section 41A of the Code of

Criminal Procedure, 1973 (“the Codeâ€). Now the chargesheet has been filed in the matter. He has referred to the cognizance order, which is

Annexure No.2 to the anticipatory bail application.

Learned State Counsel would submit that chargesheet has already been filed; as per instructions, the applicant has criminal history and he is not

cooperating with the investigation.

The applicant was served with a notice under Section 41-A of the Code during investigation. Now, chargesheet has been filed.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory

bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the

satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the court concerned.

(iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case

the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (i), and (ii) above.