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Judgment
13 paragraphs · 443 wordsAlok Kumar Verma, J
This Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 218 of 2025, registered at Police Station Manglaur, District Haridwar under Section 309 (4) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023.
As per the First Information Report dated 05.03.2025, four persons looted a mobile phone, one bike Pulsar 220F (registration no.UK 17K 4653) and Rs. 10,000/- from the informant on 04.03.2025 at 10:32 p.m. One co-accused Saurabh Sharma was apprehended on the spot. He told that Vasu Sharma (present applicant) was also involved in committing the said crime.
Heard Ms. Asmi, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.
Ms. Asmi, Advocate, contended that the applicant is a student of BA 1st year. He is an innocent person. He was not present on the spot. He has been falsely implicated by the co-accused Saurabh Sharma. Saurabh Sharma has been granted regular bail by learned Ist Additional Sessions Judge, Roorkee, District Haridwar. Applicant is a permanent resident of District Karnal, Haryana, therefore, there is no possibility of his absconding.
Mr. Pradeep Lohani, Brief Holder, 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 applicant Vasu Sharma alias Rahul, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -
(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;
(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(iv) 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 conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
