ABA/307/2022
2022 Latest Caselaw 3589 UK

ABA No.307 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Vaibhav Singh Chauhan, Advocate for the applicants.

Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.

Applicants seek anticipatory bail in FIR No.407 of 2022, under Sections 452, 323, 506, 394, 354 and 427 IPC, Police Station Bahadrabad, District- Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 28.08.2022, at 9:30 PM, the applicants entered in the house of the informant armed with weapons and assaulted her and her family members.

It is the case of the applicants that, in fact, there is a false FIR; the applicants have been introduced in the FIR, whereas, the informant is the real sister-in-law of the applicant no.1 and real aunt of applicant nos.2, 3 and 4; there is a property dispute and the informant is in the habit of levelling false allegations. Reference has been made to a judgment, which is Annexure-2 to the anticipatory bail application.

State to file objections.

List this matter on 21.12.2022. Having considered the submissions, as an interim measure, till the next date of listing, in the eventuality of arrest, the applicants shall be released on bail subject to their furnishing personal bond, by each one of them, to the satisfaction of the arresting officer, subject to the following:-

(i) The applicants shall not approach in any manner, whatsoever, the victim or any other witness in the case.

(ii) They shall cooperate with the investigation.

(iii) They shall not leave the country without prior permission of the concerned court.

(iv) They shall deposit their passport with the Investigating Officer ("IO"). The passport 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 IO.

(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.

(Ravindra Maithani J.) 11.11.2022

RV