The High Court granted anticipatory bail to the applicant in a BNS 2023 case. The Court held that prior issuance of non bailable warrants is not a bar to anticipatory bail.
Anticipatory bail allowed on personal bond with two sureties and conditions of cooperation, no witness interference, no foreign travel, and passport deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COURT’S OR JUDGE’S ORDERS Office Notes, reports, orders SL. Dat or proceedings or directions No. e and Registrar’s order with Signatures 2025:UHC:10533 ABA No.1111 of 2025 Hon’ble Ashish Naithani, J. Mr. S.K. Mandal, learned counsel for the Applicant. 2. Mr. Vijay Khanduri, learned Brief Holder, for the State of Uttarakhand. 3. Applicant Jasveer Singh @ Jassi Kachura, seeks anticipatory bail in FIR No.478 of 2025, under Sections 109, 125, 190, 191 (2), 191 (3), 351 (2) and 352 of BNS, 2023, at Police Station Rudrapur, District Udham Singh Nagar. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the Applicant submits that the incident took place on 24.09.2025 at about 13.15 O’ clock and the FIR has been lodged on the same day about 19:55 O’clock, the distance between the place of occurrence and Police Station is only 1 km, the prosecution has not explained the delay to lodge the FIR. He further submits that, according to the prosecution, there is open fire has been made, there is no injury sustained by any person. No purpose would be served if the Applicant is arrested now. 6. Learned State Counsel admits that it is no injury case, but according to him, non bailable warrants had already been issued against the Applicant and the proceedings under Section 82 of CrPC were also initiated against the Applicant. 7. Law is well settled that issuance of non bailable warrants per se is not a bar to entertain anticipatory bail application in view of the principles of law, as laid down in the case of Asha Dubey Vs. State of Madhya Pradesh, Criminal Appeal No.4564 of 2024 (SLP (Crl) No.13123 of 2024) dated 12.11.2024. 8. Having considered the entirety of the 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 that 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 passport, he shall given an |
| undertaking to that effect to the AO. (v). The Applicant shall also give an undertaking on (i), (ii) & (iii) above. |
| (Ashish Naithani, J.) 26.11.2025 Nitesh/ |
2 issues framed by the court
Whether the issuance of non bailable warrants against the applicant bars the grant of anticipatory bail.
Whether anticipatory bail should be granted in the present case under the relevant laws.
Colour shows how this judgement treated each authority
Asha Dubey Vs. State of Madhya Pradesh, Criminal Appeal No.4564 of 2024 (SLP (Crl) No.13123 of 2024) dated 12.11.2024Followed¶7
1 provisions across 1 enactments
Jasveer Singh @ Jassi Kachura
State of Uttarakhand
Ashish Naithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
