Shahjad And Three Others vs State Of Uttarakhand

Alok Kumar Verma,J.

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

Heard Mr. Bilal Ahmed, learned counsel for the applicants through video conferencing and Mrs. Manisha Rana Singh, learned AGA with Mr. Pramod Tiwari, learned Brief Holder for the State.

Withdrawal Application (IA No.01 of 2023), filed to withdraw the Anticipatory Bail Application, is dismissed as withdrawn, as prayed by Mr. Bilal Ahmed, Advocate.

Learned counsel for the State submits on instruction that the applicant no.3 – Saif Ali is not wanted in the present matter. Therefore, the present Application, filed under Section 438 of the Code of Criminal Procedure, 1973, is dismissed in relation to the applicant no.3, Saif Ali.

As per the First Information Report dated 15.07.2023, one named co-accused and one thousand other persons broke the several bikes, injured several persons and vandalized the idol of Shiva on 14.07.2023.

Mr. Bilal Ahmed, Advocate, contended that the applicants were not present on the spot. They have been implicated in the present matter. They have no criminal history. They are permanent residents of District Dehradun, therefore, there is no chance of their absconding, and, co-accused persons have been granted Anticipatory Bail by this Court.

Learned counsel for the State has opposed the Anticipatory Bail Application. However, she fairly conceded that the co-accused persons have been granted Anticipatory Bail by this Court and the applicants have no criminal history.

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, it is directed that in the event of arrest, applicants – Shahjad, Farman Khan and Bilal, will be released on Anticipatory Bail on furnishing their personal bonds 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) Applicants shall make themselves available at the time of interrogation by the Investigating Agency as and when required;

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

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

It is clarified 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.

Anticipatory Bail Application (No.685 of 2023) stands disposed of accordingly.