Uttarakhand High Court
Anees Ahmed @ Anees vs State Of Uttarakhand on 26 December, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Anticipatory Bail Application No.966 of 2024
Anees Ahmed @ Anees ...Applicant
Versus
State of Uttarakhand ...Respondent
Present:-
Mr. Nishant Krishna Adhikari, Advocate for the applicant.
Mr. Siddharth Bisht, A.G.A. with Mr. Himanshu Sain, Brief
Holder for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Applicant seeks anticipatory bail in FIR No. 352 of
2024, under Section 3/4 of the Dowry Prohibition Act, 1961
and Sections 323, 376, 498A, 504 and 506 IPC, Police Station
Raipur, Distirct Dehradun.
2. Heard learned counsel for the parties and perused
the record.
3. According to the FIR, the informant and the son of
the applicant were married on 31.05.2020. But after marriage,
the informant was harassed and tortured in her matrimonial
home by her husband. There are allegations against the
applicant, who happens to be the father-in-law of the
informant.
4. According to the informant, the applicant would
inappropriately touch her. He alongwith the co-accused also
raped her on multiple occasions.
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5. Learned State counsel places for the perusal of the
Court the objections that are to be filed. Let it be placed on
record.
6. Learned counsel for the applicant would submit that
entire FIR is malafide.
7. Learned State counsel would submit that the
informant has supported the prosecution case.
8. Having considered the entirety of facts, this Court is
of the view that this is a case fit for anticipatory bail.
9. The anticipatory bail application is allowed.
10. 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 Arresting Officer (“AO”). In addition to it,
the applicant shall also comply with the following conditions:
(i) The applicant shall co-operate with the investigation.
(ii) The applicant shall not approach any witness in any
manner, whatsoever.
(iii) The applicant shall not leave the country without
prior permission of the concerned court.
(iv) The applicant shall deposit his passport with the AO.
The passport may only be returned by the order of
the court concerned. In case, the applicant does not
have a passport, he shall give an undertaking to that
effect to the AO.
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(v) The applicant shall also give an undertaking on (i),
(ii) & (iii) above.
(Ravindra Maithani, J.)
26.12.2024
Jitendra