Sushil Sharma And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The Second Anticipatory Bail Application has been filed in Case Crime No. 74 of 2025, registered at Police Station Pulbhatta, District Uhdam Singh Nagar under Sections 3(5), 109, 117(2), 126(2), 151(2) and Section 351(5) of the Bharatiya Nyaya Sanhita, 2023

The First Anticipatory Bail Application (ABA No. 702 of 2025) was dismissed as withdrawn on 26.06.2025 granting liberty to file a fresh anticipatory bail application.

As per the FIR dated 02.06.2025, Akhilesh Upadhyay and Rameshwar Mishra were beaten by unknown persons on 30.05.2025. The First Information Report has been lodged against the applicant no.1 and others on the basis of suspicion.

Heard Mr. Basant Singh, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Basant Singh, Advocate, contended that the applicant no.2 is not named in the First Information Report. Applicants have been falsely implicated in the present matter. As per the injury report, injuries are simple in nature. Dharmendra Pal Gangwar, the named co-accused, has been granted regular bail by the Court of Session, Udham Singh Nagar. Applicants are not convicted persons. Applicant no.1 is the permanent resident of District Udham Singh Nagar and the Applicant no.2 is the permanent resident of District Bareilly, Uttar Pradesh, therefore, there is no possibility of their absconding. Applicants were granted interim bail on 03.07.2025, and, the conditions of interim bail have not been violated by them.

Mr. Pradeep Lohani, learned Brief Holder for the State has opposed the anticipatory bail application orally.

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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 03.07.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, Sushil Sharma and Sudhir Sharma, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.