Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2163 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
25th MARCH, 2025
ANTICIPATORY BAIL APPLICATION NO. 40 of 2025
Dhruv Shah
…Applicant
Versus
State of Uttarakhand
…Respondent
Counsel for the Applicant : Mr. Nalin Saun,
Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional
Advocate General assisted by
Mr. Deepak Bhardwaj, Brief
Holder. Hon’ble Alok Kumar Verma,J.
The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant seeking anticipatory bail under Sections 323, 498A and Section 504 of the Indian Penal Code, 1860 in Case Crime No.434 of 2024, registered at Police Station Raipur, District Dehradun. 2. As per the FIR dated 03.12.2024, the informant was married to the present applicant on 15.03.2024. 3. Heard Mr. Nalin Saun, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State. 4. Mr. Nalin Saun, Advocate, submitted that it is a dispute arising out of matrimonial discord. Applicant is not a previous convict. He is a permanent resident of District
2025:UHC:2163 2 Dehradun, therefore, there is no chance of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 09.01.2025 by the Coordinate Bench of this Court. The conditions of the interim bail have not been violated by the applicant. 5. Mr. G.S. Sandhu, learned Additional Advocate General for the State, 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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and order dated 09.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely Dhruv Shah, 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 attend the trial court
2025:UHC:2163 3 regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicant shall not leave the country without the previous permission of the trial court. 8. It is made clear that if the applicant misuses or violate any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J.
Dt: 25.03.2025 Shiv/