Pooja And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants Smt. Pooja and Smt. Soniya seeking anticipatory bail under Sections 109, 115(2), 333, 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 96 of 2025, registered at Kotwali Roorkee, District Haridwar.

As per the FIR, there was a fight between children on 14.03.2025. After that, the applicants along with co-accused Vipin Yadav came to the house of the informant. The co-accused Vipin Yadav assaulted the informant’s husband, due to which his ear was cut off. The present applicants assaulted the informant.

Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Pankaj Kumar Sharma, Advocate, submitted that the applicants have been falsely implicated in the present matter. They were not present on the spot. As per the FIR, the co-accused Vipin Yadav assaulted informant’s husband due to which his ear was cut off. Applicants have no criminal antecedents. They are permanent residents of District Haridwar. They were granted interim bail on 07.04.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Pradeep Lohani, Brief Holder for the respondent has opposed the anticipatory bail application.

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 Anticipatory Bail Application is allowed and the order dated 07.04.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Smt. Pooja and Smt. Soniya, 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.