Ikram Alias Raja Alias Mohd Ikram v. State of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

23rd DECEMBER, 2025

ANTICIPATORY BAIL APPLICATION NO. 1038 OF 2025

Ikram alias Raja alias Mohd. Ikram and Others

..... Applicants

Versus

State of Uttarakhand

..…Respondent

Counsel for the Applicants : Mr. D.C.S. Rawat, Advocate

holding brief of Mr. Rinkesh

Rawat, Advocate.

Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief

Holder.

Hon'ble Alok Kumar Verma,J.

This Application has been filed for anticipatory bail in Case Crime No.342 of 2025, registered at Police Station Bazpur, District Udham Singh Nagar under Sections 115(2), 351(2), 352 and Section 74 of the Bharatiya Nyaya Sanhita, 2023.

2.

According to the First Information Report dated

07.09.2025, on 05.09.2025 at around 8:30 a.m., the applicants beat the informant, due to which she suffered injuries. Applicants tore her clothes, abused and threatened her.

3.

Heard Mr. D.C.S. Rawat, learned counsel for the applicants and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent.

4.

Mr. D.C.S. Rawat, Advocate, submitted that the

alleged incident took place on 05.09.2025 whereas the First Information Report has been lodged on 07.09.2025 and the delay in lodging the First Information Report has not been explained. According to the First Information Report, the alleged incident took place on the road which is highly improbable. There is no medical or other evidence to support the case of the informant. Applicants are neighbours of the informant's maternal family and just to wreak personal vengeance, she has lodged the false FIR. Applicants are not convicted by any Court. The alleged offences are triable by Magistrate. Applicants are permanent residents of Udham Singh Nagar, therefore, there is no possibility of their absconding, and, they were granted interim bail on 23.09.2025, and, the conditions of the interim bail have not been violated by them.

5.

Mr. Deepak Bhardwaj, Brief Holder, has opposed the anticipatory bail application orally.

6.

Personal liberty under Article of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

7.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application

is allowed and the order dated 23.09.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Ikram alias Raja alias Mohd. Ikram, Islam alias Mohd. Islam and Idrish alias Mohd. Idrish, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/-and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall

attend the trial court regularly and they shall not

seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make

any inducement, threat or promise to any person,

acquainted with the facts of this case.

(iv) Applicants shall not leave the country without the previous permission of the trial court.

8.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

___________________

ALOK KUMAR VERMA, J.

Date: 23.12.2025 Shiv/