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RAVINDRA MAITHANI
Arvind Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Since both these anticipatory bail applications arise from one and the same FIR, they are decided by this common order.
2. Applicants seek anticipatory bail in FIR No. 286 of 2024, under Sections 147, 149, 323, 452, 504, 506 IPC, Police Station Gangnehar, District Haridwar.
3. Heard learned counsel for the parties and perused the record.
4. According to the FIR, on 10.06.2024, the applicants entered into the house of the informant at 11:30 a.m., abused the informant and did maarpeet with her.
5. Learned counsel for the applicant would submit that, in fact, it is the informant and his family members, who entered into the shop of the applicants and assaulted the applicant Arvind Kumar of which an FIR No. 287 of 2024, Police Station Gangnehar, Roorkee, District Haridwar has been lodged.
6. Learned State counsel would submit that witnesses have supported the prosecution case. He would submit that investigation is pending under Sections 147, 149, 323, 452, 504 and 506 IPC.
7. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.
8. The anticipatory bail applications are allowed.
9. In the eventuality o
The court granted anticipatory bail to the applicants, emphasizing the need for cooperation with the investigation and restrictions on witness contact.
The court established that the issuance of non-bailable warrants and proceedings under Section 82 of the Code negate the entitlement to anticipatory bail.
Anticipatory bail can be granted in cases of serious allegations if the court finds that the circumstances, including the nature of the relationship and the potential for cooperation with the investi....
Anticipatory bail granted under Section 41-A of the Cr.P.C. when the applicant is willing to cooperate with the investigation and is threatened with arrest.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
Anticipatory bail can be granted when there is insufficient evidence to substantiate the charges against the applicant, provided they agree to cooperate with the investigation and comply with specifi....
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