Saurabh Chaurasia And Another vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Saurabh Chaurasia and Vaibhav Gupta seek anticipatory bail FIR No. 675 of 2023, under Sections 323, 506 IPC and Section 3 (1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“the Act”), Police Station Kotwali Roorkee, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 26.10.2023 at 10:00 PM, the applicants attacked the informant, opened fire and abused him with caste coloured remarks. After investigation in the matter, charge sheet under Sections 323, 506 IPC and Section 3 (1) (r) (s) of the Act was submitted and cognizance was taken.

Learned State counsel was required to inform the informant in view of the Section 15 A of the Act.

Today, learned State counsel gives a statement that the informant has already been informed.

Learned counsel for the applicants would submit that the applicants were given notice under Section 41A of the Code of Criminal Procedure, 1973 (“the Code”) during investigation and now charge sheet has been submitted. Therefore, it is a case fit for anticipatory bail.

Learned State counsel would submit that no objection, as such, is required to be filed. He would submit that the informant has already been informed. He admits that notice under Section 41 A of the Code has been applicants.

Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each one of them, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicants shall also comply with the following conditions:

(i) The applicants shall not approach any witness, in any manner, whatsoever.

(ii) The applicants shall not leave the country without prior permission of the concerned court.

(iii) The applicants shall deposit their passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the court concerned.

(iv) The applicants shall also give an undertaking on (i) & (ii) above.