The court grants anticipatory bail considering the absence of flight risk and prior grants of bail to co-accused.

Hon’ble Alok Kum ar Verm a,J.

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.163 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Section 303 (2) of the Bharatiya Nyaya Sanhita , 2023.

2. As per the First Information Report dated 17.05.2025, 30-35 goats and two mobile phones of the informant were stolen by unknown person on

10.05.2025.

3. Heard Mr. Gaurav Singh, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for State.

4. Mr. Gaurav Singh, Advocate, submitted that the applicants have been falsely implicated in the present matter. They are permanent residents of District Saharanpur, Uttar Pradesh, therefore, there is no chance of their absconding. They are not convicted persons, and, a co-accused of similar role named Fahim Ahmad has already been granted anticipatory bail by this Court.

5. Mr. Pradeep Lohani, learned Brief Holder, appearing for the State, on instructions, has opposed the anticipatory bail application orally.

6. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Gulbahar and Shaban, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicants shall not leave the country without the previous permission of the trial court.

7. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.