Mushahib vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant for anticipatory bail in Case Crime No.213 of 2025, registered at Police Station SIDCUL, District Haridwar under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 03.05.2025, one Pulsar motorcycle (Registration No.UP18AX7610) came on 02.05.2025. Two persons were sitting on the said motorcycle. They snatched a mobile phone (IMEI No.865511071961817) of the informant Ankit Kumar by showing a country-made pistol.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent.

Mr. Vaibhav Singh Chauhan, Advocate, contended that the applicant is an innocent person. One co-accused Aftab was arrested in the present matter. The name of the present applicant has come to light in the confessional statement of the co-accused Aftab. Applicant has been falsely implicated by the co-accused. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.

Mr. Tumul Nainwal, learned Assistant Government Advocate, on instruction, has opposed the anticipatory bail application orally.

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. 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.