2025:UHC:5609 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02ND JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 765 of 2024 Mohd. Nurish … Applicant Versus State of Uttarakhand … Respondent Counsel for the Applicant : Mr. Pradeep Chamyal, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 250 of 2024, registered at Police Station Sitarganj, District Udham Singh Nagar under Section 376 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 27.07.2024, the applicant had been sexually exploiting the informant for the last six months prior to lodging of the FIR under the pretext of marriage and thereafter he started ignoring her. 3. Heard Mr. Pradeep Chamyal, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 4. Mr. Pradeep Chamyal, Advocate, submitted that the relations between the parties were consensual and both the parties are major. They filed a Compounding 1 2025:UHC:5609 Application in WPCRL No. 954 of 2024. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 14.08.2024, and, the conditions of the interim bail have not been violated by him. 5. 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. 6. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Anticipatory Bail Application is allowed and the order dated 14.08.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Mohd. Nurish, 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 regularly and he shall not seek any unnecessary adjournment; 2 2025:UHC:5609 (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. 7. It is made clear 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. Dt: 02.07.2025 Shiv/ 3