Muneer Alam vs State Of Uttarakhand

Ravindra Maithani, J

Applicant seeks anticipatory bail in Case Crime No.183 of 2023, under Sections 147, 148, 149, 307, 323, 354, 504 and 506 IPC, Police Station Gangnahar, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 05.04.2023, at about 10:00, in the night, the applicant and the co-accused attacked the informant and others, due to which they sustained injuries.

Learned counsel for the applicant would submit that the injured has named many persons, but some of them have already been exonerated; co-accused, who were assigned active role, have already been granted anticipatory bail; the role of the applicant is less serious than those accused, who have been granted bail by the court below or who have been granted anticipatory bail by this Court.

Learned State Counsel admits these facts.

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 Investigating Officer (“IO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

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

(iii) The applicant shall not leave the country without prior permission of the IO.

(iv) The applicant shall deposit his passport with the IO. 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 IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.