Mushahib vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Mushahib for anticipatory bail in Case Crime No.215 of 2025, registered at Police Station SIDCUL, District Haridwar under Sections 309(4), 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 read with Section 25 of the Arms Act, 1959.

According to the First Information Report dated 03.05.2025, on 02.05.2025, co-accused Danish and one unknown person showed country made pistol to the informant and one Aahad, snatched their phones and were running away. Co-accused Danish was apprehended. He was taken to police. Co-accused Danish told the Investigating Officer that Mushahib (present applicant) was also involved in the said crime.

Heard Mr. Mohd. Safdar, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated by the co-accused Danish. He was not present on the spot. Nothing was recovered from his possession. He is not a convicted person, and, he is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.

Mr. Pradeep Lohani, 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Mushahib, 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.