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(2025) Law Today Live Doc. Id. 20429 = 2025:UHC:8232
Decided on: 16.09.2025
Counsel for the Applicant:
Mr. Lalit Sharma, Advocate.
Counsel for the Respondent:
Mr. Tumul Nainwal, Assistant Government Advocate.
Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Arms Act, 1959 (54 1959), Section 25 (1-B)(a) – Constitution of India, Article 21 – Fire arm case -- Anticipatory bail – After seeing the police, three persons ran away from the spot while the co-accused was arrested by the police and recovered eight pistols and sixteen magazines from his possession – Disclosure statement that applicant was also among those who fled from the spot and he also had pistol -- Co-accused granted regular bail by the Ld. Sessions Judge – Held, 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 the peculiar facts and circumstances of the case – Anticipatory bail allowed.
(Para 2-7)
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ALOK KUMAR VERMA, J. –
This Application has been filed for anticipatory bail in Case Crime No.375 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar under Section 25 (1-B)(a) of the Arms Act, 1959.
2. According to the First Information Report dated 24.07.2025, after seeing the police, three persons ran away from the spot while the co-accused Khajan Singh was arrested by the police. Police recovered eight pistols and sixteen magazines from the possession of Khajan Singh. Khajan Singh told the police that Jagjeet Singh alias Jagga Pradhan (applicant) was also among those who fled from the spot and he also had pistol.
3. Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.
4. Mr. Lalit Sharma, Advocate, for the applicant contended that the applicant has been falsely implicated by the co-accused Khajan Singh. Applicant was not present on the spot. The co-accused Khajan Singh was granted regular bail by the Sessions Judge, Udham Singh Nagar. Applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding.
5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally.
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 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Jugraj Singh alias Jagjeet Singh alias Jagga, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) Applicant shall not leave the country without the previous permission of the trial court.
8. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
Application allowed.
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