Uttarakhand High Court
Pankaj Nautiyal And Others ... vs State Of Uttarakhand on 5 November, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Anticipatory Bail Application No.1082 of 2024
Pankaj Nautiyal and others ...Applicants
Versus
State of Uttarakhand ...Respondent
Present:-
Mr. Ankur Sharma, Advocate for the applicants.
Ms. Rangoli Purohit, Brief Holder for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Applicants seek anticipatory bail in FIR No. 02 of 2024, under Section 498A, 323, 504 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Pokhri, District Chamoli.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the informant and the applicant no.1 were married on 14.04.2019. But after marriage, the informant was harassed and tortured in her in-law's house. The FIR is quite in detail. After investigation, charge sheet was submitted in the case against the applicants.
4. Learned counsel for the applicants would submit that during investigation, the applicants were given notice 2 under Section 41A of the Code of Criminal Procedure, 1973 ("the Code") and the charge sheet has been filed.
5. Learned State counsel admits that during investigation, notice under Section 41 A of the Code was given to the applicants. Learned State counsel would submit that no objection, as such, is required to be filed and the matter may be decided based on the material available on record.
6. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.
7. The anticipatory bail application is allowed.
8. In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each one of them, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicants shall also comply with the following conditions:
(i) The applicants shall not approach any witness, in any manner, whatsoever.
(ii) The applicants shall not leave the country without prior permission of the concerned court.
(iii) The applicants shall deposit their passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicants do not have passport, they 3 shall give an undertaking to that effect to the court concerned.
(iv) The applicants shall also give an undertaking on
(i) & (ii) above.
(Ravindra Maithani, J.) 05.11.2024 Jitendra