ABA/106/2025 of RIZWAN Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

21[ST] MARCH, 2025

ANTICIPATORY BAIL APPLICATION NO.106 of 2025

Rizwan and Another

State of Uttarakhand

..…Applicants

Versus

..…Respondent

Counsel for the Applicants : Mr. Mohd. Safdar,

Advocate (through video conferencing).

Counsel for the State : Mr. Pradeep Lohani, Brief Holder.

Hon’ble Alok Kumar Verma,J.

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, “Sanhita, 2023”) has been filed by the applicants seeking anticipatory bail in Case Crime No. 30 of 2025, registered at Police Station Roorkee, District Haridwar.

2. Heard Mr. Mohd. Safdar, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

3. Mr. Pradeep Lohani, Brief Holder, submitted on instructions that the applicant no.1 Rizwan has been

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arrested and the applicant no.2 Irfan is wanted for the offence under Sections 110, 61(2), 115(2), 190, 191(2), 191(3), 324(4), 333, 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

4. After the said submission of Mr. Pradeep Lohani, Brief Holder for the State, on the request of Mr. Mohd. Safdar, Advocate, the present Application, filed under Section 482 of the Sanhita, 2023, is dismissed as infructuous in relation to the applicant no.1 Rizwan.

5. As per the First Information Report, the applicant Irfan and co-accused persons came at the house of Umesh Kumar at 03:30 p.m. on 26.01.2025 and started marpeet. The co-accused Pranav Singh and others fired on Imran. Imran and others sustained injuries. Applicant and other co-accused threatened to kill them.

6. Mr. Mohd. Safdar, Advocate, appearing for the applicant Irfan contended that the applicant has been falsely implicated in the present matter. He was not present on the spot at the time of incident. He does not have any criminal antecedents. He is permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the main accused Kunwar Pranav Singh has been granted regular

bail by Sessions Judge, Haridwar on 18.03.2025.

7. Mr. Pradeep Lohani, Brief Holder, submitted on instructions that injury report has not been received by the Investigating Officer yet. However, he has opposed the anticipatory bail application orally.

8.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.

9. 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 under Section 482 of the Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant Irfan, he shall be released on anticipatory bail on executing 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 police officer as and when required;

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(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 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.

___________________

ALOK KUMAR VERMA, J.

Dt:21.03.2025 Shiv/