High CourtsSingle Bench

Yash Vardhan Singh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 May 2025 · Citation: (2025) 05 UK CK 0680

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 109 · Constitution Of India, 1950 — Article 21
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 304 Of 2025
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Judgment

12 paragraphs · 420 words

Alok Kumar Verma, J

1.

This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.46 of 2025, registered at Police Station Patel Nagar, District Dehradun under Section 109 of the Bharatiya Nyaya Sanhita, 2023.

2.

According to the First Information Report dated 24.01.2025, the son of the informant was walking on 23.01.2025. Two unknown assailants opened fire on him at 02:40 hrs.

3.

Heard Mr. Ramji Srivastava, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

4.

Mr. Ramji Srivastava, Advocate, contended that the applicant is a student of BBA second year. He has been falsely implicated in the present matter. He is not named in the First Information Report. This is no injury case. Applicant does not have any criminal antecedents. He was granted interim bail on 27.03.2025 and the conditions of the interim bail have not been violated by him. The charge-sheet has been filed by the Investigating Officer, therefore, there is no chance of tampering with the evidence.

5.

Mr. G.S. Sandhu, learned Additional Advocate General for the State has opposed the anticipatory bail application orally.

6.

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.

7.

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 Application, filed for anticipatory bail, is allowed and order dated 27.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Yash Vardhan Singh, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the trial court.

8.

It is made clear 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.