Uttarakhand High Court
Irshad Ahmad And Three Others … vs State Of Uttarakhand on 12 June, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:4883
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
12TH JUNE, 2025
ANTICIPATORY BAIL APPLICATION NO.626 of 2025
Irshad Ahmad and three Others .....Applicants
Versus
State of Uttarakhand .....Respondent
Counsel for the Applicants : Mr. Gaurav Singh, Advocate
Counsel for the Respondent : Mr. Pradeep Lohani, Brief
Holder.
Hon'ble Alok Kumar Verma,J.
The present Application has been filed by the
applicants for anticipatory bail in Case Crime No.322 of
2022, registered at Police Station Patel Nagar, District
Dehradun.
2. According to the First Information Report
dated 12.05.2022, the applicants are the relatives of
the informant. They came to the informant’s house on
21.03.2020 and Jewelery worth 27 tola of gold and
silver was taken away from the daughter-in-law of the
informant.
3. Heard Mr. Gaurav Singh, learned counsel for
applicants and Mr. Pradeep Lohani, learned Brief Holder
for the respondent.
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4. Mr. Pradeep Lohani, Brief Holder submitted
that the charge-sheet has been filed against the
present applicant under Sections 406, 504 & 506 of the
Indian Penal Code, 1860.
5. Mr. Gaurav Singh, Advocate, contended that
the applicants have been falsely implicated in the
present matter. They did not take any Jewelery from
the dauther-in-law of the informant. They are
permanent residents of District Saharanpur (Uttar
Pradesh), therefore, there is no likelihood of their
absconding. They do not have any criminal
antecedents. Charge-sheet has already been filed,
therefore, there is no chance of tampering with the
evidence.
6. Mr. Pradeep Lohani, Brief Holder has opposed
the Anticipatory Bail Application orally.
7. 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.
8. Having heard the submissions of learned
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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, Irshad Ahmad,
Sameena, Israr and Tasreen, 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 attend the trial court
regularly and they shall not seek any
unnecessary adjournment;
(ii) Applicants shall not directly or indirectly
make any inducement, threat or promise to
any person, acquainted with the facts of this
case;
(iii) Applicants shall not leave the country
without the previous permission of the trial
court.
9. 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.
___________________
ALOK KUMAR VERMA, J.
Date :12.06.2025
JKJ/Pant
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