Vishal Bhardwaj And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.93 of 2025, registered at Police Station Kankhal, District Haridwar under Sections 109(1), 191(2), 191(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

As per the First Information Report, on 13.04.2025 at about 3:45 p.m., the applicants and other co-accused opened fire which hit on the hand of Akash Kumar.

Heard Mr. Gaurav Singh, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for State.

Mr. Gaurav Singh, Advocate, submitted that the applicants were not present on the spot. They have been falsely implicated in the present matter. They do not have any criminal antecedents. They are permanent residents of District Saharanpur, therefore, there is no likelihood of their absconding.

Mr. Pradeep Lohani, Brief Holder, has submitted, on instructions, that statement of the informant was recorded by the Investigating Officer and as per the statement of the informant, the names of the applicants were wrongly mentioned in the First Information Report.

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 Vishal Bhardwaj and Tushar Agrohi, 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.