Nishan Singh Cheema vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed by the applicant-Nishan Singh Cheem a seeking Anticipatory Bail under Sections 307, 323 and Section 504 of the Indian Penal Code, 1860 in Case Crime No.2 of 2024, registered at Police Station Khatim a, District Udham Singh Nagar.

As per the First Information Report dated 02.01.2024, on 31.12.2023, the applicant along with co-accused abused and assaulted the informant and other family members and co-accused Ranjit Singh fired on the informant.

Heard Mr. Vikas Kumar Guglani, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. Vikas Kumar Guglani, Advocate contended that the applicant has been falsely implicated in the present matter. There was only one contusion on the informant-Balraj Singh. He has further submitted that the applicant was granted interim bail vide order dated 17.01.2024 and the applicant neither misused nor violated the conditions of the interim bail. Applicant is not a previous convict. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding.

Mr. Pratiroop Pandey, A.G.A. for the State, on the other hand, has opposed the anticipatory bail application. However, he has submitted that no gunshot injury was found during the investigation.

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 17.01.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Nishan Singh Cheema, 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.