Suhendra Alias Sahendra And Another 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 323, 332, 353, 354, 427 and Section 506 of the Indian Penal Code, 1860 in connection with the Case Crime No.882 of 2023, registered at police station Manglour, District Haridwar.

As per the First Information Report dated 13.10.2023, informant Gulshan Bulani, Sub Divisional Officer with his team had gone to check the electricity line of Sukrampal, co-accused, where the applicants had misbehaved with them and assaulted them.

Mr. Gaurav Singh, Advocate, submits that the applicant no.1 Suhendra alias Sahendra has been granted regular bail by the Judicial Magistrate, Roorkee, District Haridwar. Therefore, the present application, filed in relation to the applicant no.1, is dismissed as infructuous.

Mr. Gaurav Singh, Advocate, contended that the applicant no.2 Roki has been implicated in the present matter. He is an innocent person. Co-accused Sukrampal has been granted anticipatory bail by the Court of Session. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, all the said offences are triable by Magistrate.

Mr. M.A. Khan, learned A.G.A., has opposed the Anticipatory Bail Application orally. However, he conceded that the applicant has no criminal antecedents.

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 the case, applicant- Roki is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on 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 shall make himself available at the time of interrogation by the Investigating Agency as and when required;

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

It is clarified that if the applicant misuses or violates any of the condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.972 of 2023) stands disposed of accordingly.