Uttarakhand High Court affirms its discretion in anticipatory bail matters by converting interim bail into absolute bail when the Investigating Officer exonerates the accused and the accused complies with all interim-bail conditions.
Summary
| Category | Data |
|---|---|
| Case Name | SABA/12/2025 of SUDESH Vs STATE OF UTTARAKHAND |
| CNR | UKHC010041242025 |
| Date of Registration | 26-03-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE MR. JUSTICE ALOK KUMAR VERMA |
| Court | High Court of Uttarakhand |
| Bench | Single Judge |
| Type of Law | Criminal Law (Bharatiya Nyaya Sanhita, 2023) |
| Ratio Decidendi | The court held that where an interim anticipatory bail order has been granted and the accused has complied with its conditions, and where the Investigating Officer has exonerated the accused from alleged involvement, the interim bail order may be made absolute. |
| Facts as Summarised by the Court |
|
| Citations | 2025:UHC:7241 |
Summary of Legal Reasoning
- The court noted that two of the applicants had been exonerated by the Investigating Officer.
- It observed that the third applicant had been granted interim bail on 27.03.2025 and had fully complied with all imposed conditions.
- Without commenting on the merits, the court exercised its discretion to convert the interim bail order into absolute anticipatory bail.
- It imposed conditions requiring cooperation with the investigation, regular attendance at trial, prohibition on any inducement or threat to witnesses, and restrictions on leaving the country without trial-court permission.
Arguments by the Parties
Petitioner
- Applicants No. 1 and No. 2 were not present on the spot and were falsely implicated.
- Three co-accused have already been granted anticipatory bail.
- Applicant No. 3 is a permanent resident of Haridwar, unlikely to abscond; she was on interim bail and did not violate any conditions.
Respondent
- Applicant No. 1 and No. 2 have been exonerated by the Investigating Officer.
- Opposed anticipatory bail for Applicant No. 3.
Factual Background
The applicants filed their second anticipatory bail application in Crime No. 12 of 2025 at Police Station Khanpur, Haridwar, under multiple sections of the Bharatiya Nyaya Sanhita, 2023. Their first application was withdrawn on 11.03.2025 with liberty to file afresh. Interim bail was granted to one applicant on 27.03.2025, and she complied with all conditions. Three co-accused had obtained anticipatory bail, and two of the present applicants were subsequently exonerated by the Investigating Officer before the bail hearing.
Statutory Analysis
- Section 109 (abetment)
- Section 115(2) (abetment by a public servant)
- Section 118(1) (abetment of an offence against the state)
- Section 190 (attempt to commit an offence)
- Sections 191(2) & 191(3) (preparation to commit an offence)
- Section 351(2) (assault or criminal force)
- Section 352 (punishment for assault or criminal force)
Citations
- 2025:UHC:7241
- CNR: UKHC010041242025