Muzameel v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

1 5 TH OCTOBER, 2 0 2 5

ANTI CI PATORY BAI L APPLI CATI ON NO.1 2 8 8 of 2 0 2 4

Muzameel

.....Applicant

Versus

State of Uttarakhand

..…Respondent

Counsel for the Applicant : Mr. Mohd. Safdar,

Advocate.

Counsel for the Respondent : Mr. Sandeep Sharma,

Assistant Government

Advocate assisted by

Mrs. Rangoli Purohit,

Brief Holder.

Hon 'ble Alok Ku m ar Ver m a,J.

This Application has been filed by applicant-Muzameel for anticipatory bail in Case Crime No.714 of 2024, registered at Police Station Gangnahar, District Haridwar under Section 351(3), 352, 75(1) and 78(1) of the Bharatiya Nyaya Sanhita, 2023. 2 .

According to the First Information Report, the applicant used to send messages to the daughter of the informant and follow her. He also took her photograph. 3 .

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent. 4 .

Mr. Mohd. Safdar, Advocate, submitted that

the said allegations are totally false. Applicant has not committed any act of sexual harassment. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant was granted interim bail on

31.12.2024, and, the conditions of interim bail have not been misused by him. 5 .

Mr. Sandeep Sharma, learned Assistant Government Advocate, has opposed the anticipatory bail application. However, he fairly conceded that the applicant has no criminal antecedents. 6 .

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to 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 Application, filed for anticipatory bail, is allowed and order dated

31.12.2024, granting interim bail to the applicant, is

made absolute. It is directed that in the event of arrest of the applicant Muzameel, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ -and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall attend trial court

regularly and he shall not seek any unnecessary

adjournment;

(ii) Applicant shall not directly or indirectly make

any inducement, threat or promise to any person,

acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the trial court.

8 .

In case of breach of any of the above conditions, the Prosecution Agency will be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

_ _ _ _ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 15.10.2025 Neha

NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6f1c15b6305912b3f008 e9a4a8038ee7326b08b2dtie018b 01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9 677068452F32DE6BA960BFE64D 819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.15 18:32:39 +05'30'