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Uttarakhand High Court

Furkan vs State Of Uttarakhand on 30 April, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

HIGH COURT OF UTTARAKHAND AT NAINITAL
     Anticipatory Bail Application No.189 of 2022
Furkan                                            ........Applicant

                             Versus

State of Uttarakhand                           ........Respondent
Present:-
      Mr. Rajveer Singh, Advocate for the applicant.
      Mr. Pramod Tiwari, Brief Holder for the State.

Hon'ble Ravindra Maithani, J. (Oral)

Applicant seeks anticipatory bail in Criminal Case No.1582 of 2019, State vs. Furkan, under Section 308 IPC, which arises from FIR No.275 of 2018, under Sections 323, 324 IPC, Police Station Pathri, District Haridwar.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the applicant would submit that the applicant had already been granted bail under Sections 323 and 324 IPC in the case. The charge- sheet was filed under Section 308 IPC. A copy of charge- sheet has also been filed.

4. Learned State Counsel would submit that the charge-sheet has already been submitted in the case.

5. Having considered the entirety of facts, this Court is of the view that it is a fit case for anticipatory 2 bail. The instant anticipatory bail application deserves to be allowed.

6. The anticipatory bail application is allowed.

7. 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 court concerned. In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall not approach any witness in any manner, whatsoever.
(ii) The applicant shall not leave the country without prior permission of the concerned court.
(iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case, the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.
(iv) The applicant shall also give an undertaking on (i) & (ii) above.

(Ravindra Maithani, J) 30.04.2024 Ravi