Rasheed Ahmed vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant-accused Rasheed Ahmed has filed the present Application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail under Sections 147, 148, 153-A, 295, 323, 324, 427, 307, 120-B, 34 of the Indian Penal Code, 1860 and Section 7 of the Criminal Law (Amendment) Act, 1932 in connection with the Case Crime No. 184 of 2023, registered at police station Sahaspur, District Dehradun.

As per the First Information Report, one named co-accused and one thousand other persons damaged several bikes, injured several persons and vandalized the idol of Shiva on 14.07.2023.

Heard Mr. Suhail Ahmed Siddiqui, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Suhail Ahmed Siddiqui, Advocate, contended that the applicant was not present at the spot. He has been falsely implicated in the present matter. He has no criminal history and he is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding.

Mrs. Manisha Rana Singh, learned A.G.A. for the State, has opposed the Anticipatory Bail Application orally. According to her the name of the present applicant has come to light 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.

In the facts and circumstances of this case and having regard to the submissions of learned counsel for both the parties, it is directed that in the event of arrest, applicant Rasheed Ahmed will be released on Anticipatory Bail on furnishing a personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/ Arresting Officer with the following conditions:-

(i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(ii) Applicant shall cooperate with the Investigating Agency and he will make himself available at the time of interrogation by the Investigating Agency as and when required;

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

It is clarified 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.

Anticipatory Bail Application (No. 701 of 2023) stands disposed of accordingly.