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2023 DIGILAW 130 (UTT)

Varun Kumar v. State of Uttarakhand

2023-01-20

RAVINDRA MAITHANI

body2023
JUDGMENT Ravindra Maithani, J. - Applicant Varun Kumar has sought anticipatory bail in FIR No.1167 of 2022, under Sections 147, 149, 323, 341, 354, 504, 506 IPC, Police Station Laksar, District Haridwar. He has sought his release on anticipatory bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 04.12.2022, when the informant along with other staff members were travelling in a bus, two persons forcibly entered into the bus and thereafter, they called some other persons and attacked the occupants of the bus. 4. State was required to file objections on three occasions i.e. on 16.12.2022, 10.01.2023 and 18.01.2023. State has yet not filed any objection. 5. Learned counsel for the applicant would submit that the applicant is not named in the FIR; there is no medical; there have been allegations of loot also, but they were not found to be true. 6. Learned State counsel would submit that the victim has supported the case. 7. As stated, State failed to file objections despite having been given three opportunities. 8. List this case on 28.04.2023. 9. Having considered, as an interim measure, till the next date of listing, in the eventuality of arrest, the applicant shall be released on bail subject to his furnishing personal bond, to the satisfaction of the arresting officer, subject to the following conditions:- (i) The applicant shall co-operate with the investigation. (ii) The applicant shall not approach any witness/victim 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 passports with the IO. The passports may only be returned by the order of the court concerned. In case, if the applicant, does not have passport, he shall give an undertaking to that effect to the IO. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.