Ravindra Maithani, J
1. Applicants seek anticipatory bail in Case Crime No. 338 of 2024, under Section 354, 328, 376 (2) (n), 420, 506 IPC, Police Station Gangnahar,
District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the co-accuse Pravez, who happens to be cousin of the informant raped the informant after administering some intoxicating
substance to her. He also took some photographs and videos and thereafter, blackmailed the informant. According to the FIR, the co-accused Pravez
prepared some forged documents and made Nikahnama. The applicant no.1 is father of the co-accused Pravez and the applicant no.2 is brother of
the co-accused Pravez.
4. Learned counsel for the applicants would submit that the allegations are against the co-accused Pravez; the applicants have no role in the offence;
they have not done anything; they are also not the witnesses of the Nikahnama.
5. Learned State counsel would submit that the victim has not stated anything against the applicants.
6. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.
7. The anticipatory bail application is allowed.
8. In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each
one of them, each in the like amount, to the satisfaction of the Arresting Officer (“AOâ€). In addition to it, the applicants shall also comply with the
following conditions:
(i) The applicants shall co-operate with the investigation.
(ii) The applicants shall not approach any witness in any manner, whatsoever.
(iii) The applicants shall not leave the country without prior permission of the concerned court.
(iv) The applicants shall deposit their passport with the AO. The passport may only be returned by the order of the court concerned. In case, the
applicants do not have passport, they shall give an undertaking to that effect to the AO.
(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.
