Vajid And Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 378 of 2025, registered at Police Station Manglaur, District Haridwar under Section 109(1) and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023.

As per the First Information Report dated 03.05.2025, lodged by the informant Irshad, his brother (applicant no.3) and his (applicant no.3) sons (applicant no.1, applicant no.2 and applicant no.4) want to take over his land. They came to his land at around 11:00 p.m. on 02.05.2025. Applicant no.2 fired at him with a country made pistol. He (informant) saved his life by lying on the ground.

Heard Mr. Bilal Ahmed, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Bilal Ahmed, Advocate, contended that there are property disputes between the parties. Applicant no.1 has also lodged an FIR (Case Crime No. 374 of 2025) against the informant and other four co-accused. Applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding.

Mr. Pradeep Lohani, Brief Holder, submitted on instructions that informant has absconded from his house. However, he 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Vajid, Sajid, Irfan and Shahanaj, 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 theArresting 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 clarified 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.