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2025 DAILYLAW 10181 (UTT)

BHURA v. STATE OF UTTARAKHAND

ABA/936/2025 · 2025-08-21

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7389 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21ST AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 936 OF 2025 Bhura ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Bhura for anticipatory bail in Case Crime No.359 of 2022, registered at Police Station Bhagwanpur, District Haridwar. 2. According to the First Information Report dated 01.05.2022, the applicant attempted to commit rape on the informant on 19.03.2022. 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Gaurav Singh, Advocate, contended that the said allegation is totally false. Informant was in love 1 2025:UHC:7389 with the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 5. Mr. Tumul Nainwal, Assistant Government Advocate submitted on instructions that the investigation is being conducted for the offence under Section 354A and Section 506 of the Indian Penal Code, 1860. He 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, the present application, filed for anticipatory bail, is allowed. It is directed that in the event of the arrest of the applicant-Bhura, 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 2 2025:UHC:7389 the Arresting Officer, subject to the following conditions: - (i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iv) Applicant shall not leave the country without the previous permission of the trial court. 8. It is clarified that if the applicant misuses or violates 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. Date : 21.08.2025 JKJ/Pant 3