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2024 DIGILAW 154 (UTT)

Shah Fahad v. State of Uttarakhand

2024-03-05

RAVINDRA MAITHANI

body2024
JUDGMENT : (Ravindra Maithani, J.) Applicants Dr. Shah Fahad, Mohd. Aslam,, Nusrat Jahan and Arshad Ali seek anticipatory bail in Criminal Case No.159 of 2021, State Vs. Shah Fahad and Others in the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, under Sections 323, 504, 506 and 498A IPC (“the case”), which is based on Case Crime No. 678 of 2020, Police Station Kotwali Roorkee, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, the victim and the applicant Shah Fahad were married on 15.12.2016, but after marriage, the victim was harassed and tortured for and in connection with the demand of dowry. The FIR was lodged. It is quite in detail. After investigation, chargesheet has been submitted, which is the basis of the case. 4. Learned counsel for the applicants would submit that during the pendency of the investigation, the applicants have filed a writ petition, wherein, interim protection was granted to the applicants; they were not arrested. It is argued that post filing of the chargesheet, the applicants had filed a petitioner under Section 482 of the Code of Criminal Procedure, 1973, challenging the cognizance order, etc, and the proceedings were stayed, but it could not be extended beyond a limit. 5. Learned State Counsel would submit that no formal objections, as such, is to be filed. She would submit that admittedly the applicants were not arrested during investigation and they have also challenged the cognizance order, etc. in C482 No.802 of 2021. 6. 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 application deserves to be allowed. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicant 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 court concerned. In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall not approach any witness in any manner, whatsoever. (ii) The applicants shall not leave the country without prior permission of the concerned court. (iii) The applicants shall deposit their passports with the court concerned. The passports may only be returned by the order of the court concerned. (ii) The applicants shall not leave the country without prior permission of the concerned court. (iii) The applicants shall deposit their passports with the court concerned. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the court concerned. (iv) The applicants shall also give an undertaking on (i) & (ii) above.