Nizamuddin And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants 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 applicants along with co-accused abused and assaulted the inform ant and other family members and the applicant no.2 fired on the informant.

Heard Mr. Mani Kumar, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. Mani Kumar, Advocate has contended that the applicants have been falsely implicated in the present matter. There is only one contusion on the inform ant-Balraj Singh. He has further submitted that the applicants were granted interim bail vide order dated 06.01.2024 and they neither misused nor violated the conditions of the interim bail. Applicants are not convicted person. Applicant no.1 is a permanent resident of District Pilibhit, Uttar Pradesh and the applicant no.2 is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of their 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 06.01.2024, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely, Nizam uddin and Ranjeet Singh, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.