The High Court of Uttarakhand has granted anticipatory bail to Gurjigar Singh and two co-accused, Jagraj Singh and Devendra Singh, in connection with an alleged assault case. The decision was made by Hon’ble Justice Alok Kumar Verma during a hearing of Anticipatory Bail Application No. 833 of 2024.
The case stems from a First Information Report (FIR) registered at the Gadarpur police station in Udham Singh Nagar, following an incident on August 28, 2024, where the applicants were accused of assaulting a man named Rajat Kumar, resulting in serious injuries, including a broken hand. The FIR cites multiple sections of the Bharatiya Nyaya Sanhita, 2023, including charges of assault and abuse.
During the proceedings, Mr. Mani Kumar, the counsel for the applicants, argued that his clients were innocent and had been falsely implicated in the case. He emphasized that the applicants are permanent residents of the district and have no prior convictions, suggesting that there is no risk of them absconding. The applicants also assured the court of their full cooperation with the investigating agency.
On the other hand, Mr. V.K. Jemini, representing the State, opposed the bail application but conceded that the applicants had no previous criminal records. The court acknowledged the importance of personal liberty under Article 21 of the Constitution of India, stating that it should only be curtailed when absolutely necessary based on the specific facts of the case.
In its ruling, the court set forth several conditions for the applicants’ release on bail. They are required to furnish personal bonds of ₹30,000 each, along with two reliable sureties of the same amount. The conditions also mandate that the applicants make themselves available for interrogation by the investigating agency, refrain from influencing witnesses, and not leave the country without prior permission from the trial court.
The court clarified that any violation of these conditions could lead to the cancellation of the anticipatory bail. The ruling marks a crucial step in the ongoing legal proceedings, allowing the applicants to remain free while the investigation continues.
As the case unfolds, it highlights the delicate balance between personal liberty and the need for justice in serious criminal allegations. The applicants are expected to comply with the court’s directives as they navigate the legal process ahead.
For further updates on this case and other legal matters, stay tuned.
Judgment name and citation:
Gurjigar Singh and Two Others vs. State of Uttarakhand [2024:UHC:6391]
Legislations referred:
Sections of the Bharatiya Nyaya Sanhita, 2023:
- Section 115(2) – Pertaining to the specific nature of the offense.
- Section 117(2) – Related to the offense and its implications.
- Section 191(2) – Concerning the legal responsibilities of individuals in the context of the case.
- Section 351(2) – Addressing the definitions and implications of assault.
- Section 352 – Related to the offense of assault.
- Section 118 – Pertaining to the legal proceedings and implications of the case.
