Uttarakhand High Court
SABA/43/2025 of KHALID Vs STATE OF UTTARAKHAND on 9 January 2026
UTTARAKHAND AT NAINITAL Second Anticipatory Bail Application No.43of 2025 Khalid ...Applicant Versus State of Uttarakhand ...Respondent Present:- Mr. Gaurav Singh, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant seeks
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Anticipatory Bail Application No.43of 2025
Khalid
...Applicant
Versus
State of Uttarakhand
...Respondent
Present:- Mr. Gaurav Singh, Advocate for the applicant. Mr. Siddharth Bisht, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant seeks anticipatory bail in FIR/Case Crime No. 786 of 2023, under Sections 420, 457, 380, 465, 471, 120B, 427 IPC, Police Station Kotwali Roorkee, District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. This is second anticipatory bail application of the applicant. His first anticipatory bail application has already been withdrawn on the ground that process under Section 82 of the Code of Criminal Procedure, 1973 (“the Code”) has been issued against the applicant.
4. Learned counsel for the applicant submits that subsequent to rejection of the first anticipatory bail application, the Investigating Officer had given a notice under Section 41A of the Code to the applicant and now charge sheet has been filed.
5. These facts are admitted to learned State counsel
6. The Court wanted to know from the learned State counsel as to how after issuance of proclamation under Section 82 of the Code, a notice under Section 41 A of the Code would be given? He
2 has no reply to it. This Court leaves it to be examined by the SSP concerned.
7. Since, the Investigating Officer had given notice under Section 41A of the Code in the case, charge sheet has been filed and other co-accused have been granted bail, this Court is of the view that this is a case fit for anticipatory bail.
6. The anticipatory bail application is allowed.
7. In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail, subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:
(i) The applicant shall not approach any witness in any manner, whatsoever.
(ii) The applicant shall not leave the country without prior permission of the concerned court.
(iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.
(iv) The applicant shall also give an undertaking on (i), & (ii) above.
Ravindra Maithani, J.) 09.01.2026
Jitendra