High CourtsSingle Bench

Vibhu @ Jeewan vs State Of Uttarakhand

Uttarakhand High Court · Decided on 17 February 2025 · Citation: (2025) 02 UK CK 1036

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 295, 427, 504, 506 · Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(r)(t) · Code Of Criminal Procedure, 1973 — Section 41A
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 1200 Of 2024
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Judgment

13 paragraphs · 286 words

Ravindra Maithani, J

1.

Applicant seeks anticipatory bail in FIR No. 134 of 2024, under Sections 295, 427, 504, 506 IPC and Section 3 (1) (r) (t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Manglore, District Haridwar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 28.02.2024, the applicant abused the informant with caste coloured remarks.

4.

Learned counsel for the applicant would submit that during investigation, the applicant was not arrested. He was served with the notice under Section 41A of the Code of Criminal Procedure, 1973. Now, charge sheet has been filed.

5.

State was required to file objection, but the objection has yet not been filed.

6.

Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall not approach any witness, in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the concerned court.

(iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case, the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (i) & (ii) above.