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Saurabh Sharma And Another vs State Of Uttarakhand

Uttarakhand High Court · Decided on 30 July 2024 · Citation: (2024) 07 UK CK 0121

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 332, 353, 504, 506 · Code Of Criminal Procedure, 1973 — Section 41A
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 223 Of 2023
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Judgment

13 paragraphs · 326 words

Ravindra Maithani, J

1.

Applicants Saurabh Sharma and Gaurav Sharma seek anticipatory bail in Case Crime No.182 of 2023, under Sections 323, 332, 353, 504 and 506 IPC, Police Station Rudrapur, District Udham Singh Nagar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 24.03.2023, at 12:45 noon, when the Electricity Department Officer and others were patrolling in village Ramnagar in connection with the theft of electricity, the applicants objected to it and they abused the Government Officials. They wanted to take the informant and others as hostages.

4.

Learned counsel for the applicants would submit that during investigation, the applicants were given notices under Section 41 A of the Code of Criminal Procedure, 1973. They have throughout cooperated during the investigation. Now, chargesheet has been filed.

5.

Learned State Counsel would submit that the informant and witnesses have supported the prosecution case.

6.

Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, 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 court concerned.

(iii) The applicants shall deposit their passports with the court concerned. The passports 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) and (ii) above.