Vijay Singh v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

ABA/541/2023 Tasleem Khan and Others --Applicants Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J.

Ms. Urmila, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the applicants.

Mr. R.K. Joshi, learned A.G.A. for the State of Uttarakhand.

¶2By means of the present application, the applicants seek grant of anticipatory bail in connection with Case Crime No. 182 of 2023, registered at Police Station Banbhulpura, District Nainital, for the offences punishable under Sections 147, 148, 149, 323, 354, 354-B, 395 and 504 of the Indian Penal Code, 1860.

¶3Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that a Coordinate Bench of this Court, vide order dated 13.07.2023, granted interim anticipatory bail to the applicants and, in compliance with the conditions stipulated therein, they have duly cooperated with the investigation as and when called upon by the Investigating Officer. It is further submitted that the investigation has since been concluded and the charge-sheet has already been filed before the competent Court.

¶4Learned counsel for the applicants further submits that no material has been brought on record by the prosecution to demonstrate that the

custodial interrogation of the applicants is either necessary or warranted at this stage. It is, therefore, prayed that the interim anticipatory bail granted to the applicants be confirmed and made absolute.

¶5Learned State Counsel has no objection to the aforesaid prayer.

¶6Having heard learned counsel for the parties, perused the material available on record, and considered the rival submissions, this Court finds that the applicants have remained protected by virtue of the interim order dated

13.07.2023 and have duly complied with the conditions incorporated therein by extending full cooperation during the course of the investigation. The investigation has culminated in the submission of the charge-sheet before the competent Court. No material has been placed before this Court to indicate that the applicants have misused the liberty granted to them or have failed to cooperate with the investigating agency. It is also not the case of the prosecution that the custodial interrogation of the applicants is required at this stage. Having regard to the nature of the allegations, the stage of the proceedings, the conduct of the applicants during the period of interim protection, and the facts and circumstances of the case, and without expressing any opinion on the merits of the prosecution case, this Court is of the considered opinion that the applicants have made out a fit case for confirmation of the interim anticipatory bail granted earlier.

¶7Consequently, the interim anticipatory bail granted to the applicants vide order dated 13.07.2023 is hereby confirmed and made absolute. The applicants shall remain on anticipatory bail on the same terms and

conditions as contained in the aforesaid order and shall continue to cooperate with the trial proceedings. It shall also be open to the learned trial Court to impose such further conditions, if considered necessary, in accordance with law.

¶8Accordingly, the Anticipatory Bail Application stands allowed.

(Alok Mahra, J.) 27-07-2026

SB

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b 3a2c24b5aa08b09c12f21822fbd40bf639b 1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C5279 6A542D7FF0A9BED00E67B5283D205F18F E29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.27 18:29:56 +05'30'