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2024 DIGILAW 219 (UTT)

Vajahat @ Bhura v. State of Uttarakhand

2024-03-22

RAVINDRA MAITHANI

body2024
JUDGMENT : Ravindra Maithani, J. Applicants- Vajahat @ Bhura and Mohd. Nadeem seek anticipatory bail in Case Crime No.0476 of 2022, under Section 5 of the Explosive Substances Act, 1908, Police Station Manglaur, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 11.05.2022, police recovered some articles for manufacturing fire crackers. A person was arrested. He had revealed that it is the applicant, who also managed to escape from the place of occurrence. 4. It is the case of the applicants that co-accused, having similar role, has already been granted regular bail; nothing was recovered from them. 5. Learned State Counsel would submit that no formal objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. He would admit that co-accused, having similar role, has already been granted regular bail. 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 applicants 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 Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall co-operate with the investigation. (ii) The applicants shall not approach any witness in any manner, whatsoever. (iii) The applicants shall not leave the country without prior permission of the court concerned. (iv) The applicants shall deposit their passport with the AO. 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 AO. (v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.