Allowed

Vivek Alias Makhan Singh v. State of Uttarakhand

Uttarakhand HC28 Nov 2023ABA/292/2023

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to multiple applicants named in a dispute regarding property under Sections 147, 148, 149, 323, 331, 504, and 506 of the IPC. The applicants were directed to furnish a personal bond with sureties and comply with specific conditions.

What did the court decide?

Anticipatory bail granted with personal bond and two sureties; conditions imposed not to approach witnesses, cooperate with investigation, and deposit passports.

Vivek Alias Makhan Singh Vs State of Uttarakhand — Anticipatory Bail | Uttarakhand HC (2023)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Anticipatory Bail Application No. 286 of 2023

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Satendra Kumar and others ….....Applicants

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Versus

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State of Uttarakhand ….….Respondent

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Present:-

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Mr. B.S. Koranga, Advocate for the applicant. Mr. Pratiroop Pandey, A.G.A. for the State.

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Along with Anticipatory Bail Application No. 292 of 2023

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Vivek alias Makhan Singh and others ….....Applicants

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Versus

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State of Uttarakhand ….….Respondent

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Present:Mr. B.S. Koranga, Advocate for the applicant. Mr. Pratiroop Pandey, A.G.A. for the State.

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Hon’ble Ravindra Maithani, J. (Oral)

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Since both these bail applications arise from one and the same FIR, they are being decided by this common order.

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Applicants Satendra Kumar, Shubham Saini, Harichandra, Julfkar, Mohit Chaudhary, Satish Kumar, Vivek alias Makhan Singh, Deepu, Smt. Bhagwati Devi, Mohan Singh and Sumit have sought anticipatory bail in

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FIR/Case Crime No.311 of 2023, dated 09.04.2023, under Sections 147, 148, 149, 323, 331, 504, 506 IPC, Police Station Laksar, District Haridwar. They have sought their release on anticipatory bail.

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Heard learned counsel for the parties and perused the record.

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According to the FIR, there was a dispute with regard to the property, in which, a stay order has already been passed by this Court. Despite that the applicants are trying to grab the property. When the applicants were requested not to do so, the FIR records that the applicants and the co-accused threatened the informant and others and assaulted them.

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Learned counsel for the applicants would submit that the applicants are not parties in any petition in the High Court. He would submit that the property belongs to Smt. Bhagwati Devi; she had purchased the property from the brother of the informant.

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State has filed its objections.

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Learned State counsel would submit that the applicants are named by the eye-witnesses.

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Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail applications deserve to be allowed.

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The anticipatory bail applications are allowed.

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In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer. In addition to it, the applicants shall also comply with the following conditions.

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(i) The applicants shall not approach any witness/victim in any manner, whatsoever.

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(ii) They shall cooperate with the investigation.

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(iii) The applicants shall not leave the country without prior permission of the concerned court.

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(iv) The applicant shall deposit their passports with the Investigating Officer (“IO”). The passport may only be returned by the order of the court concerned. In case, if any of the applicants

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does not have passport, he/she shall give an undertaking to that effect to the court.

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(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.

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(Ravindra Maithani, J.) 28.11.2023

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Sanjay

Vivek Alias Makhan Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Vivek Alias Makhan Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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