[Cites 6, Cited by 0]
Uttarakhand High Court
Mr. D. S. Mehta vs Unknown on 23 March, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
SL. Office Notes,
No. Date reports,
orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
ABA No. 863 of 2025
With
ABA No. 864 of 2025
ABA No. 974 of 2025
ABA No. 1081 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. D. S. Mehta, learned counsel for
the applicants in all the anticipatory bail
applications.
2. Mr. B.C. Joshi, learned A.G.A. for the
State.
3. Mr. Sanjay Bhatt, learned counsel for
the respondent.
4. All the applicants are praying for
anticipatory bail in Case Crime No. 0003 of
2025 arising out of FIR dated 27.07.2027
for the offences punishable under Sections
109, 140(3), 191(3) and 324(2) of BNS
2023 and granted interim bail by the
Coordinate Bench and counter affidavit
was called. Now, the counter affidavit has
been filed. Two judgments have been cited
by Mr. Sanjay Bhatt, learned counsel for
the complainant one in the case of Siddha
Ram Satlingappa Mhetre vs. State of
Maharashtra & ors., (2011) 1 SCC 694 and
another one in the case of Prithavi Raj
Chauhan vs. Union of India (2020) 4 SCC
5. By referring the aforesaid judgments
Mr. Sanjay Bhatt argued that it is a case in
which injuries are grievous in nature and
on the most vital part of the body and also
danger to the life, therefore, applicants
does not deserve for anticipatory bail. In
the case of Siddha Ram Satlingappa
Mhetre (supra) the Hon'ble Apex Court in
para 112 has observed as under:-
112. The following factors and parameters can be taken
into consideration while dealing with the anticipatory bail:
i. The nature and gravity of the accusation and the exact role of
the accused must be properly comprehended before arrest is
made;
ii. The antecedents of the applicant including the fact as to
whether the accused has previously undergone imprisonment on
conviction by a Court in respect of any cognizable offence;
iii. The possibility of the applicant to flee from justice;
iv. The possibility of the accused's likelihood to repeat similar or
the other offences.
v. Where the accusations have been made only with the object
of injuring or humiliating the applicant by arresting him or her.
vi. Impact of grant of anticipatory bail particularly in cases of
large magnitude affecting a very large number of people.
vii. The courts must evaluate the entire available material
against the accused very carefully. The court must also clearly
comprehend the exact role of the accused in the case. The cases
in which accused is implicated with the help of sections
34 and 149 of the Indian Penal Code, the court should consider
with even greater care and caution because over implication in
the cases is a matter of common knowledge and concern;
viii. While considering the prayer for grant of anticipatory bail, a
balance has to be struck between two factors namely, no
prejudice should be caused to the free, fair and full investigation
and there should be prevention of harassment, humiliation and
unjustified detention of the accused;
ix. The court to consider reasonable apprehension of tampering
of the witness or apprehension of threat to the complainant;
x. Frivolity in prosecution should always be considered and it is
only the element of genuineness that shall have to be
considered in the matter of grant of bail and in the event of
there being some doubt as to the genuineness of the
prosecution, in the normal course of events, the accused is
entitled to an order of bail.
6. Another judgment of Hon'ble Apex
Court in the case of Prithavi Raj Chauhan
vs. Union of India (2020) 4 SCC 727 para
33 has been relied upon which reads as
under:-
33. I would only add a caveat with the observation and
emphasize that while considering any application seeking pre-
arrest bail, the High Court has to balance the two interests: i.e.
that the power is not so used as to convert the jurisdiction into
that under Section 438 of the Criminal Procedure Code but that
it is used sparingly and such orders made in very exceptional
cases where no prima facie offence is made out as shown in the
FIR and further also that if such orders are not made in those
classes of cases, the result would inevitably be a miscarriage of
justice or abuse of process of law. I consider such stringent
terms otherwise contrary to the philosophy of bail absolutely
essential because a liberal use of the power to grant pre-arrest
bail would defeat the intention of Parliament.
7. There is no dispute that the injuries
are grave in nature which is also placed on
record in the counter affidavit and the
interim bail granted by the Coordinate
Bench was in fact misused by one of the
applicant, namely, Sunil who without leave
of the Court left for Kuwait. On the previous
date several opportunities were given to the
counsel for the applicant to ask the
applicant Sunil either to join the proceeding
through V.C. or to be present in Court, he
has not turn up.
8. Mr. D.S. Mehta who appears for the
applicants also placed reliance on the
judgment of the Hon'ble Apex Court in the
case of Sumit vs. State of U.P. and anr,
2026 SCC OnLine 186 particularly by
referring para 24 and submits that after
grant of interim protection by the
Coordinate Bench, the applicants never
misused the order granting interim bail and
always cooperate with the investigation
before grant of interim protection as well as
after grant of protection.
9. Mr. Sanjay Bhatt, learned counsel
vehemently opposed the argument of
learned counsel for the applicant by
submitting that before grant of interim
protection accused/applicant never
cooperate with the investigation.
10. Mr. B.C. Joshi, learned A.G.A. is not
very clear whether the applicants cooperate
with the investigation before or after grant
of interim bail. Let he may get instruction by
25.03.2026.
11. Mr. Mehta, learned counsel for the
applicants submits that he has not gone
through with the judgments as relied by the
learned counsel for the complainant and
seeks some time.
12. List this matter on 25.03.2026.
13. Interim order shall continue only till
25.03.2026.
(Rakesh Thapliyal, J.)
23.03.2026
Parul
